People v Rodriguez
2011 NY Slip Op 08619 [89 AD3d 1043]
November 22, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 4th, 2012


The People of the State of New York, Respondent,
v
Robert Rodriguez, Appellant.

[*1] Robert Rodriguez, Napanoch, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross 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 September 23, 1991 (People v Rodriguez, 176 AD2d 299 [1991]), affirming a judgment of the Supreme Court, Kings County, rendered December 22, 1983.

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.