People v Merchant

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People v Merchant 2012 NY Slip Op 01281 Decided on February 14, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 14, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
SHERI S. ROMAN, JJ.
2000-06886
(Ind. No. 2461/99)

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

v

Raymond Merchant, appellant.




Raymond Merchant, Wallkill, N.Y., appellant pro se.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy
J. Smiley and Sarah S. Rabinowitz
of counsel), for respondent.


DECISION & ORDER

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 October 15, 2011 (People v Merchant, 287 AD2d 580), affirming a judgment of the County Court, Nassau County, rendered June 29, 2000.

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).
ANGIOLILLO, J.P., LEVENTHAL, AUSTIN and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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