People v. Dunston

Michael Dunston, Stormville, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Barry Gene Rhodes, New York, N.Y., former appellate counsel.

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 14, 2012 ( People v. Dunston, 100 A.D.3d 769, 953 N.Y.S.2d 660), affirming a judgment of the Supreme Court, Kings County, rendered February 2, 2011.

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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883).

MASTRO, J.P., AUSTIN, ROMAN and COHEN, JJ., concur.