People v Martinez
2010 NY Slip Op 00283 [69 AD3d 758]
January 12, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 10, 2010


The People of the State of New York, Respondent,
v
Hector Martinez, Appellant.

—[*1] Hector Martinez, Ossining, N.Y., appellant pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff, Richard Longworth Hecht, and Anthony J. Servino 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 July 6, 1998 (People v Martinez, 252 AD2d 507 [1998]), affirming a judgment of the Supreme Court, Westchester County, rendered December 19, 1994.

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, Santucci and Florio, JJ., concur.