People v Ortiz
2011 NY Slip Op 07455 [88 AD3d 911]
October 18, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 7, 2011


The People of the State of New York, Respondent,
v
Olvin Ortiz, Appellant.

—[*1] Olvin Ortiz, Stormville, N.Y., appellant pro se.

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

Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden 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 December 4, 2007 (People v Ortiz, 46 AD3d 580 [2007]), affirming a judgment of the Supreme Court, Suffolk County, rendered February 28, 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]). Mastro, J.P., Rivera, Skelos and Balkin, JJ., concur.