People v. Simpkins

People v Simpkins (2019 NY Slip Op 01623) People v Simpkins 2019 NY Slip Op 01623 Decided on March 6, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on March 6, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department MARK C. DILLON, J.P. JOHN M. LEVENTHAL ROBERT J. MILLER SYLVIA O. HINDS-RADIX, JJ. 2006-02687 (Ind. No. 1277N/01) [*1]The People of the State of New York, respondent, v David Simpkins, appellant. David Simpkins, Stormville, NY, appellant pro se. Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and Barbara Kornblau of counsel), for respondent. 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 November 13, 2007 (People v Simpkins, 45 AD3d 704), affirming a judgment of the County Court, Nassau County, rendered March 8, 2006. 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; People v Stultz, 2 NY3d 277). DILLON, J.P., LEVENTHAL, MILLER and HINDS-RADIX, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court