People v Alvarez
2012 NY Slip Op 06147 [98 AD3d 985]
September 12, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


The People of the State of New York, Respondent,
v
Abner Alvarez, Appellant.

[*1]

Abner Alvarez, Dannemora, N.Y., appellant pro se.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.

Jane M. Bloom, Rock Hill, 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 October 11, 2011 (People v Alvarez, 88 AD3d 807 [2011]), affirming a judgment of the County Court, Orange County, rendered December 16, 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]). Rivera, J.P., Florio, Austin and Sgroi, JJ., concur.