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

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

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

2004–06468 (Ind.No. 312/03)

Decided: May 31, 2011

A. GAIL PRUDENTI, P.J. WILLIAM F. MASTRO JOSEPH COVELLO THOMAS A. DICKERSON, JJ. Michael Johnson, Pine City, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas Burka of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter 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 March 4, 2008 (People v. Johnson, 49 AD3d 557), affirming a judgment of the Supreme Court, Kings County, rendered July 14, 2004.

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).

PRUDENTI, P.J., MASTRO, COVELLO and DICKERSON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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