People v Bongarzone-Suarrcy
2009 NY Slip Op 01127 [59 AD3d 560]
February 10, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 24, 2009


The People of the State of New York, Respondent,
v
Joan Bongarzone-Suarrcy, Appellant.

[*1] Joan Bongarzone-Suarrcy, Bedford Hills, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard 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 December 6, 2004 (People v Bongarzone-Suarrcy, 13 AD3d 385 [2004], affd 6 NY3d 787 [2006]), affirming a judgment of the Supreme Court, Kings County, rendered September 5, 2002.

Ordered that the application is denied.

The appellant has failed to establish that she 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 Florio, JJ., concur.