| People v Fernandez |
| 2008 NY Slip Op 00520 [47 AD3d 830] |
| January 22, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Felix Fernandez, Appellant. |
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Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Karen Wigle Weiss of counsel),
for respondent.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate
counsel.
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 May 17, 2004 (People v Fernandez, 7 AD3d 730 [2004]), affirming a judgment of the Supreme Court, Queens County, rendered July 10, 2001.
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]). Rivera, J.P., Santucci, Miller and Lifson, JJ., concur.