People v Ayala (2009 NY Slip Op 04434)

People v Ayala

2009 NY Slip Op 04434 [63 AD3d 749]

June 2, 2009

Appellate Division, Second Department

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

As corrected through Wednesday, August 5, 2009

The People of the State of New York, Respondent,
v
Taino Ayala, Appellant.

—[*1] Taino Ayala, Malone, N.Y., appellant pro se.

Adam B. Levy, District Attorney, Carmel, N.Y. (Christopher York 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, a decision and order of this Court dated May 29, 2007 (People v Ayala, 40 AD3d 1116 [2007]), affirming a judgment of the County Court, Putnam County, rendered July 16, 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]). Prudenti, P.J., Spolzino, Skelos and Florio, JJ., concur.