People v Gonzalez (2009 NY Slip Op 01134)

People v Gonzalez

2009 NY Slip Op 01134 [59 AD3d 564]

February 10, 2009

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, April 1, 2009

The People of the State of New York, Respondent,
v
Emil Gonzalez, Appellant.

—[*1] Emil Gonzalez, Napanoch, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg 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 September 4, 2007 (People v Gonzalez, 43 AD3d 827 [2007]), affirming a judgment of the Supreme Court, Kings County, rendered April 22, 2005.

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