People v Torres
2011 NY Slip Op 06869 [87 AD3d 1175]
September 27, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


The People of the State of New York, Respondent,
v
Jose Torres, Also Known as Justo Negron, Appellant.

—[*1] Jonathan I. Edelstein, New York, N.Y. (Robert M. Grossman of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Anastasia Spanakos of counsel), for respondent.

Martin Goldberg, Franklin Square, 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 April 17, 1989 (People v Torres, 149 AD2d 635 [1989]), affirming a judgment of the Supreme Court, Queens County, rendered March 28, 1984.

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 Skelos, JJ., concur.