People v Lopez (2012 NY Slip Op 00806)

People v Lopez

2012 NY Slip Op 00806 [91 AD3d 969]

January 31, 2012

Appellate Division, Second Department

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

As corrected through Wednesday, February 29, 2012

The People of the State of New York, Respondent,
v
Ligio R. Lopez, Appellant.

—[*1] Ligio R. Lopez, Marcy, N.Y., appellant pro se.

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

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III 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 March 21, 2005 (People v Lopez, 16 AD3d 1182 [2005]), affirming a sentence of the County Court, Suffolk County, imposed October 29, 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, A.P.J., Rivera, Dillon and Florio, JJ., concur.