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PEOPLE v. BERGER

7 Misc.3d 5 (2004)

792 N.Y.S.2d 757

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHELDON BERGER, Appellant.

Supreme Court, Appellate Term, Second Department.

September 30, 2004.

Attorney(s) appearing for the Case

Epstein & Weil, New York City (Lloyd E. Epstein and Howard H. Weiswasser of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Michael Tarbutton of counsel), for respondent.

ARONIN, J.P., PATTERSON and GOLIA, JJ., concur.

OPINION OF THE COURT

MEMORANDUM.

Application by defendant-appellant for a writ of error coram nobis is denied.

There is no merit to defendant's claim of ineffective assistance of counsel on the appeal. Appellate counsel made a successful application in this court for leave to proceed upon an abridged record "[f]or good cause shown" (22 NYCRR 731.1 [b] [2]). Defendant's present attorney contends that...

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