People v Vella

People v Vella 2010 NY Slip Op 08143 [78 AD3d 868] November 9, 2010 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 19, 2011

The People of the State of New York, Respondent,
v
Paul Vella, Appellant.

—[*1] Paul Vella, Otisville, N.Y., appellant pro se.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio amd Robert A. Schwartz of counsel), for respondent.

Leon H. Tracy, Jericho, 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 February 23, 1998 (People v Vella, 247 AD2d 642 [1998]), affirming a judgment of the County Court, Nassau County, rendered March 9, 1995.

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]). Prudenti, P.J., Mastro, Rivera and Skelos, JJ., concur.