People v Rodriguez
2014 NY Slip Op 02805 [116 AD3d 987]
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
Ramon Rodriguez, Appellant.

[*1] Ramon Rodriguez, Stormville, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Jill Gross Marks of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (Erica Horowitz 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 June 22, 1998 (People v Rodriguez, 251 AD2d 603 [1998]), affirming a judgment of the Supreme Court, Queens County, rendered June 25, 1996.

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]). Balkin, J.P., Dickerson, Leventhal and Hinds-Radix, JJ., concur.