The People, etc., respondent, v. Timothy Burnie, appellant.

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

The People, etc., respondent, v. Timothy Burnie, appellant.

1991–06813 (Ind.No. 10128/90)

Decided: July 12, 2011

A. GAIL PRUDENTI, P.J. REINALDO E. RIVERA PETER B. SKELOS ANITA R. FLORIO, JJ. Bernard Prince, named herein as Timothy Burnie, Comstock, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob 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 3, 1995 (People v. Burnie, 214 A.D.2d 581), affirming a judgment of the Supreme Court, Kings County, rendered July 8, 1991.

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., RIVERA, SKELOS and FLORIO, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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