People v Cardova
2012 NY Slip Op 06307 [98 AD3d 1133]
September 26, 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 George Cardova, Also Known as Hector Pina, Appellant.

—[*1] Hector Pina, named herein as George Cardova, also known as Hector Pina, Dannemora, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y. (Sarah J. Berger 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 October 25, 2011 (People v Cardova, 88 AD3d 1008 [2011]), affirming two judgments of the Supreme Court, Queens County, rendered May 13, 2009, and May 28, 2009, respectively.

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]). Skelos, J.P., Balkin, Leventhal and Hall, JJ., concur.