People v Garcia
2014 NY Slip Op 02793 [116 AD3d 974]
April 23, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 28, 2014


The People of the State of New York, Respondent,
v
Juan Garcia, Also Known as Jesus Garcia, Appellant.

[*1] Juan Garcia, also known as Jesus Garcia, Auburn, N.Y., appellant pro se.

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

Lynn W.L. Fahey, New York, N.Y. (De Nice Powell 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 April 3, 2012 (People v Garcia, 94 AD3d 775 [2012]), affirming a sentence of the Supreme Court, Queens County, imposed October 19, 2009.

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, J.P., Skelos, Leventhal, Austin and Cohen, JJ., concur.