Legal Opinion

People v. McClain

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 2008Published

1Opinion of the Court

Application by the *1161appellant 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 16, 2006 (People v McClain, 29 AD3d 824 [2006]), affirming a judgment of the County Court, Orange County, rendered February 28, 2003.

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 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]). Prudenti, P.J., Rivera, Santucci and Dillon, JJ., concur.

2Cases cited3 opinions

  1. Jones v. BarnesSupreme Court of the United States · 1983
  2. People v. StultzNew York Court of Appeals · 2004
  3. People v. McClainAppellate Division of the Supreme Court of the State of New York · 2006