People v Bermudez
2008 NY Slip Op 09611 [57 AD3d 555]
December 2, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


The People of the State of New York, Respondent,
v
Isaias Bermudez, Appellant.

[*1] Isaias Bermudez, Attica, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Kristina Sapaskis of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (De Nice Powell 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 January 30, 2007 (People v Bermudez, 36 AD3d 928 [2007]), affirming a judgment of the Supreme Court, Queens County, rendered April 4, 2003.

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]). Spolzino, J.P., Ritter, Miller and Dillon, JJ., concur.