The People, etc., respondent, v. Garner Allen, appellant.

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

The People, etc., respondent, v. Garner Allen, appellant.

2006-11147 (Ind.No. 2897/05)

Decided: October 26, 2010

WILLIAM F. MASTRO, J.P. FRED T. SANTUCCI RANDALL T. ENG JOHN M. LEVENTHAL, JJ. Garner Allen, Dannemora, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent. Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), 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 July 22, 2008 (People v. Allen, 53 AD3d 619), affirming a judgment of the County Court, Suffolk County, rendered October 25, 2006.

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).

MASTRO, J.P., SANTUCCI, ENG and LEVENTHAL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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