| People of State of New York v Marek Hyra |
| Motion No: 2008-01215 wcr |
| Slip Opinion No: 2012 NY Slip Op 95017(U) |
| Decided on December 28, 2012 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th judicial Districts
FRANCIS A. NICOLAI, P.J.
DENISE F. MOLIA
JOHN R. LACAVA, JJ.
DECISION & ORDER ON APPLICATION
| The People of the State of New York, Respondent, v Marek Hyra, Appellant. |
Application by 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 December 15, 2010 (People v Hyra, 29 Misc 3d 143[A], 2010 NY Slip Op 52207[U] [App Term, 9th & 10th Jud Dists 2010]), modifying a judgment of conviction of the City Court of White Plains, Westchester County, rendered May 14, 2008.
Upon the papers filed in support of the application and no papers having been filed in opposition thereto, it is
ORDERED that the application is denied.
Appellant has failed to establish that he was denied the effective assistance of appellate counsel (People v Townsley, NY3d , 2012 NY Slip Op 08056 [2012]; People v Stultz, 2 NY3d 277 [2004]).
ENTER:
Paul Kenny
Chief Clerk