People v Castaldi
2007 NY Slip Op 07452 [44 AD3d 679]
October 2, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 12, 2007


69—The People of the State of New York, Respondent,
v
Nick Castaldi, Appellant.

[*1] Nick Castaldi, Romulus, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.

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 December 15, 2005 (People v Castaldi, 24 AD3d 567 [2005]), affirming a judgment of the County Court, Suffolk County, rendered October 10, 2000.

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]; People v Stultz, 2 NY3d 277 [2004]). Miller, J.P., Schmidt, Rivera and Covello, JJ., concur.