The People, etc., respondent, v. Kenneth Armstead, appellant.

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Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Kenneth Armstead, appellant.

2008-11213 (Ind.No. 181/05)

Decided: August 17, 2010

MARK C. DILLON, J.P. ANITA R. FLORIO HOWARD MILLER DANIEL D. ANGIOLILLO, JJ. Kenneth Armstead, Rome, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Jason P. Weinstein of counsel), for respondent. John F. McGlynn, Rockville Centre, N.Y., 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 December 1, 2009 (People v. Armstead, 68 AD3d 778), affirming a judgment of the Supreme Court, Nassau County, rendered November 13, 2008.

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;  People v. Stultz, 2 NY3d 277).

DILLON, J.P., FLORIO, MILLER and ANGIOLILLO, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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