| People v Mercado |
| 2012 NY Slip Op 03666 [95 AD3d 1038] |
| May 8, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Oscar Mercado, Appellant. |
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Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu and Steven A. Bender of
counsel), for respondent.
Thomas T. Keating, Dobbs Ferry, 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 June 8, 2010 (People v Mercado, 74 AD3d 990 [2010], cert denied 562 US —, 131 S Ct 1485 [2011]), affirming a resentence of the County Court, Westchester County, imposed July 24, 2008.
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., Dickerson, Chambers and Sgroi, JJ., concur.