People v DeFreitas

People v DeFreitas 2012 NY Slip Op 03461 Decided on May 1, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 1, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
MARK C. DILLON, JJ.
1992-04806
(Ind. No. 77897)

[*1]The People of the State of New York, respondent,

v

Miguel DeFreitas, appellant.




Miguel DeFreitas, Wallkill, N.Y., appellant pro se.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas
Noll and Andrea M. DiGregorio of
counsel), for respondent.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg of
counsel), former appellate
counsel.


DECISION & ORDER

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, an opinion and order of this Court dated August 14, 1995 (People v DeFreitas, 213 AD2d 96), affirming a judgment of the County Court, Nassau County, rendered June 9, 1992.

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; People v Stultz, 2 NY3d 277).
MASTRO, A.P.J., RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court