People v. Devaughn

People v Devaughn (2015 NY Slip Op 03380)
People v Devaughn
2015 NY Slip Op 03380
Decided on April 22, 2015
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 April 22, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
MARK C. DILLON
JOHN M. LEVENTHAL
JEFFREY A. COHEN, JJ.

2004-08314
(Ind. No. 749/02)

[*1]The People of the State of New York, respondent,

v

Alex Devaughn, appellant.




Alex Devaughn, Auburn, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Sharon Brodt, and Roni C. Piplani 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 May 31, 2011 (People v Devaughn, 84 AD3d 1394), affirming a judgment of the Supreme Court, Queens County, rendered September 9, 2004.

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).

ENG, P.J., DILLON, LEVENTHAL and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court