People v Flores (2009 NY Slip Op 09489)

People v Flores

2009 NY Slip Op 09489 [68 AD3d 1013]

December 15, 2009

Appellate Division, Second Department

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

As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Mario Roberto Flores, Appellant.

—[*1] Mario Roberto Flores, Napanoch, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Laurie K. Gibbons of counsel), for respondent.

Richard J. Barbuto, Babylon, N.Y., 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 11, 2007 (People v Flores, 43 AD3d 955 [2007]), affirming a judgment of the County Court, Nassau County, rendered April 29, 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]). Prudenti, P.J., Mastro, Rivera and Dillon, JJ., concur.