People v DePallo
2008 NY Slip Op 04104 [50 AD3d 1155]
April 29, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


The People of the State of New York, Respondent,
v
Michael DePallo, Appellant.

[*1] Michael DePallo, Pine City, N.Y., appellant pro se.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart 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, an opinion and order of this Court dated October 23, 2000 (People v DePallo, 275 AD2d 60 [2000], affd 96 NY2d 437 [2001]), affirming a judgment of the Supreme Court, Richmond County, rendered June 26, 1998.

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]). Prudenti, P.J., Mastro, Rivera and Spolzino, JJ., concur.