People v Pena (2003 NY Slip Op 20040)

People v Pena

2003 NY Slip Op 20040 [2 AD3d 881]

December 29, 2003

Appellate Division, Second Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

The People of the State of New York, Respondent,
v
Manuel Pena, Appellant.

—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 January 29, 2001 (People v Pena, 279 AD2d 639 [2001]), affirming a judgment of the Supreme Court, Richmond County, rendered November 24, 1999.

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 [1983]). Prudenti, P.J., S. Miller, McGinity and Schmidt, JJ., concur.