People v Pierotti
2008 NY Slip Op 08513 [56 AD3d 494]
November 5, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 7, 2009


The People of the State of New York, Respondent,
v
John Pierotti, Appellant.

—[*1] Latham & Watkins LLP, New York, N.Y. (Brad Weinstein, Chris Harris, Seth Friedman, JoAnna McFadden, and David Crow of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Margaret E. Mainusch of counsel), for respondent.

Mark Diamond, New York, N.Y., former appellate counsel.

Application by the defendant 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 February 25, 2002 (People v Pierotti, 291 AD2d 574 [2002]), affirming a judgment of the County Court, Nassau County, rendered August 31, 2000.

Ordered that the application is denied.

The defendant 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]). Mastro, J.P., Rivera, Spolzino and Ritter, JJ., concur.