People v. Banner

People v Banner (2016 NY Slip Op 03748)

People v Banner

2016 NY Slip Op 03748

Decided on May 11, 2016

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 11, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX, JJ.

2012-08899
2012-08900

[*1]The People of the State of New York, respondent,

v

Damon C. Banner, appellant. (Ind. Nos. 2065/11, 289/12)

Damon C. Banner, Stormville, NY, appellant pro se.

Madeline Singas, District Attorney, Mineola, NY (Judith R. Sternberg and Monica M. C. Leiter of counsel), for respondent.

Martin Goldberg, Franklin Square, NY, former appellate counsel.

DECISION & ORDER

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated November 5, 2014 (People v Banner, 122 AD3d 641), affirming two judgments of the County Court, Nassau County, rendered August 8, 2012, and September 28, 2012, respectively.

ORDERED that the application is denied.

The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745; People v Stultz, 2 NY3d 277).

BALKIN, J.P., CHAMBERS, MILLER and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court