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

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

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

2007–06034 (Ind.No. 43/06)

Decided: May 23, 2012

REINALDO E. RIVERA, J.P. DANIEL D. ANGIOLILLO CHERYL E. CHAMBERS PLUMMER E. LOTT, JJ. Michael Duhs, Coxsackie, N.Y., appellant pro se. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y. (Erin R. Collins 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 August 25, 2009 (People v. Duhs, 65 AD3d 699, affd 16 NY3d 405), affirming a judgment of the Supreme Court, Richmond County, rendered June 13, 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).

RIVERA, J.P., ANGIOLILLO, CHAMBERS and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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