People v. Covington

144 A.D.3d 1169

41 N.Y.S.3d 429 (Mem)

2016 N.Y. Slip Op. 08089

The PEOPLE, etc., respondent,

v.John COVINGTON, appellant.

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

Nov. 30, 2016.

John Covington, Wallkill, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (Johnnette Traill, Anastasia Spanakos, and Josette Simmons McGhee of counsel), for respondent.

Lynn W.L. Fahey, New York, NY, former appellate counsel.

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 July 9, 2001 (People v. Covington, 285 A.D.2d 515, 727 N.Y.S.2d 643 ), affirming a judgment of the Supreme Court, Queens County, rendered December 2, 1998.

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, 103 S.Ct. 3308, 77 L.Ed.2d 987 ; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883 ).

HALL, J.P., SGROI, MALTESE and DUFFY, JJ., concur.