The People, etc., respondent, v. Melvin Green, appellant.

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

The People, etc., respondent, v. Melvin Green, appellant.

2007–10093 (Ind.No. 07–00040)

Decided: November 22, 2011

WILLIAM F. MASTRO, J.P. REINALDO E. RIVERA ANITA R. FLORIO LEONARD B. AUSTIN, JJ. Melvin Green, Auburn, N.Y., appellant pro se. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Elizabeth L. Guinup and Andrew R. Kass of counsel), for respondent. Richard P. Ferris, Utica, 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 May 4, 2010 (People v. Green, 73 AD3d 805), affirming a judgment of the County Court, Orange County, rendered October 23, 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).

MASTRO, J.P., RIVERA, FLORIO and AUSTIN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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