People v Montero
2010 NY Slip Op 01514 [70 AD3d 971]
February 16, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


The People of the State of New York, Respondent,
v
David Montero, Appellant.

—[*1] David Montero, Dannemora, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum Nemec of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Anna Pervukhin 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 October 9, 2007 (People v Montero, 44 AD3d 796 [2007]), affirming a judgment of the Supreme Court, Kings County, rendered June 21, 2004.

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., Skelos, Dillon and Santucci, JJ., concur.