The People, etc., respondent, v. Isaiah Johnson, appellant.

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

The People, etc., respondent, v. Isaiah Johnson, appellant.

2007-04060 (Ind.No. 1829/06)

Decided: October 26, 2010

PETER B. SKELOS, J.P. MARK C. DILLON JOHN M. LEVENTHAL CHERYL E. CHAMBERS, JJ. Isaiah Johnson, Malone, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Jason R. Richards of counsel), for respondent.

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 April 21, 2009 (People v. Johnson, 61 AD3d 892), affirming a judgment of the Supreme Court, Nassau County, rendered April 17, 2007.

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).

SKELOS, J.P., DILLON, LEVENTHAL and CHAMBERS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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