People v Rivera

People v Rivera 2010 NY Slip Op 00181 [69 AD3d 656] January 5, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 10, 2010

The People of the State of New York, Respondent,
v
Rene Rivera, Appellant.

—[*1] Rene Rivera, Stormville, N.Y., appellant pro se. Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent. Arleen Lewis, Blauvelt, N.Y., 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 18, 2008 (People v Rivera, 49 AD3d 783 [2008]), affirming a judgment of the County Court, Rockland County, rendered April 19, 2005.

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., Florio, Angiolillo and Dickerson, JJ., concur.