People v Marthone

People v Marthone 2006 NY Slip Op 10103 [35 AD3d 885] December 26, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 14, 2007

The People of the State of New York, Respondent,
v
Rodrique Marthone, Appellant.

—[*1]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 19, 2001 (People v Marthone, 281 AD2d 562 [2001]), affirming a judgment of the Supreme Court, Queens County, rendered April 15, 1999.

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]). Florio, J.P., Miller, Schmidt and Krausman, JJ., concur.