People v Micolo (2011 NY Slip Op 01503)

People v Micolo

2011 NY Slip Op 01503 [81 AD3d 983]

February 22, 2011

Appellate Division, Second Department

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

As corrected through Wednesday, March 30, 2011

The People of the State of New York, Respondent,
v
Marcus Micolo, Appellant.

—[*1] Marcus Micolo, Alden, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glen Green of counsel), for respondent.

Robert C. Mitchell, Riverhead, N.Y. (Kirk R. Brandt 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 June 20, 2006 (People v Micolo, 30 AD3d 615 [2006]), affirming a judgment of the County Court, Suffolk County, rendered July 17, 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]). Mastro, J.P., Rivera, Skelos and Dillon, JJ., concur.