People v. Gutkaiss

—Motion for writ of error coram nobis and/or reargument on the ground of ineffective assistance of appellate counsel.

Defendant contends on this motion that he was denied effective assistance of appellate counsel upon the appeal from his judgment of conviction (206 AD2d 584, lv denied 84 NY2d 936; see, People v Bachert, 69 NY2d 593). More specifically, defendant asserts, inter alia, that the evidence was inadequate to support his conviction of sodomy in the first degree under count 17 of the indictment and that appellate counsel failed to argue that the testimony that was adduced pertained to…