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23 A.D.3d 681

People v. Whitehurst

Appellate Division of the Supreme Court of the State of New York · decided 2005-11-28

Decided 2005-11-28

¶1Application 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 17, 2004 (People v Whitehurst, 7 AD3d 738 [2004]), modifying a judgment of the Supreme Court, Queens County, rendered February 28, 2001.

¶2Ordered that the application is denied.

¶3The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]). Prudenti, P.J., H. Miller, S. Miller and Luciano, JJ., concur.

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