People v Porco
2013 NY Slip Op 05840 [109 AD3d 842]
September 11, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 30, 2013


The People of the State of New York, Respondent,
v
Christopher Porco, Appellant.

—[*1] Robert DiDio, Kew Gardens, N.Y. (Danielle Muscatello of counsel), for appellant.

P. David Soares, District Attorney, Albany, N.Y. (Christopher D. Horn of counsel), for respondent.

Kindlon Shanks, Albany, N.Y. (Terence L. Kindlon 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 9, 2010 (People v Porco, 71 AD3d 791 [2010], affd 17 NY3d 877 [2011], cert denied 566 US —, 132 S Ct 1860 [2012]), affirming a judgment of the County Court, Albany County, rendered December 12, 2006.

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]). Eng, P.J., Skelos, Dickerson and Sgroi, JJ., concur.