The People, etc., respondent, v. Kevin Davis, appellant.

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

The People, etc., respondent, v. Kevin Davis, appellant.

2008–03670 (Ind.No. 6819/06)

Decided: September 25, 2013

RANDALL T. ENG, P.J. CHERYL E. CHAMBERS L. PRISCILLA HALL SYLVIA O. HINDS–RADIX, JJ. Kevin Davis, Malone, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anthea H. Bruffee of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y. (William Kastin 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 January 11, 2011 (People v. Davis, 80 AD3d 623), affirming a judgment of the Supreme Court, Kings County, rendered April 6, 2008.

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).

ENG, P.J., CHAMBERS, HALL and HINDS–RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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