People v Tucker

People v Tucker 2012 NY Slip Op 03864 Decided on May 15, 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 15, 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
ARIEL E. BELEN, JJ.
2004-03440
(Ind. No. 396/03)

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

v

Marc Tucker, appellant.




Marc Tucker, Ossining, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y.
(John M. Castellano, Johnnette
Traill, and Gretchen Robinson of
counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh 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 September 30, 2008 (People v Tucker, 54 AD3d 1065), affirming a judgment of the Supreme Court, Queens County, rendered April 2, 2004.

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 BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court