People v Lopez

People v Lopez 2012 NY Slip Op 00806 Decided on January 31, 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 January 31, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
MARK C. DILLON
ANITA R. FLORIO, JJ.
2004-02304
(Ind. No. 298-03)

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

v

Ligio R. Lopez, appellant.




Ligio R. Lopez, Marcy, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia
DiVincenzo of counsel), for
respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III 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, a decision and order of this Court dated March 21, 2005 (People v Lopez, 16 AD3d 1182), affirming a sentence of the County Court, Suffolk County, imposed October 29, 2003.

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, DILLON and FLORIO, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court