People v. Wilborn

173 A.D.3d 1227

100 N.Y.S.3d 917 (Mem)

The PEOPLE, etc., Respondent,

v.Octavious D. WILBORN, Appellant.

2016–06177

Ind.No. 15–00367

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

June 26, 2019

Octavious D. Wilborn, Malone, NY, appellant pro se.

David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.

RUTH C. BALKIN, J.P., ROBERT J. MILLER, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.

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 1, 2018 ( People v. Wilborn , 164 A.D.3d 530, 83 N.Y.S.3d 98 ), affirming a judgment of the County Court, Orange County, rendered May 26, 2016.

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 ).

BALKIN, J.P., MILLER, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.