Appellate Division of the Supreme Court of New York, 1992

People v. Davis

People v. Davis
Appellate Division of the Supreme Court of New York · Decided August 31, 1992
185 A.D.2d 989; 587 N.Y.S.2d 407; 1992 N.Y. App. Div. LEXIS 10339
People v. Davis

Opinion of the Court

Application by the defendant for a writ of error coram nobis to vacate a decision and order of this court dated May 20, 1991 (see, People v Davis, 173 AD2d 634, Iv denied 78 NY2d 964), which affirmed a judgment of the Supreme Court, Queens County (Clabby, J.), rendered August 8, 1989.

Ordered that the application is denied.

*990The defendant has failed to establish that he was denied the effective assistance of appellate counsel. We will not second-guess the reasonable professional judgment of counsel that colorable but nonetheless weak arguments should be omitted from an appellate brief (see, Jones v Barnes, 463 US 745), and the defendant points to no argument that counsel unreasonably failed to advance on appeal. Harwood, J. P., Rosenblatt, Ritter and Copertino, JJ., concur.

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