People v Figueroa

People v Figueroa 2013 NY Slip Op 08654 Decided on December 26, 2013 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 December 26, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
PLUMMER E. LOTT
SANDRA L. SGROI
ROBERT J. MILLER, JJ.
1991-02454
1991-03202
1992-00918

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

v

William Figueroa, appellant. (Ind. Nos. 9108/86, 12706/89)




William Figueroa, Stormville, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Camille O'Hara
Gillespie of counsel), for respondent.
Charles Lavine, Albany, N.Y., 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 27, 1995 (People v Figueroa, 213 AD2d 669), affirming a judgment of the Supreme Court, Kings County, rendered March 13, 1991, an amended judgment of the same court rendered March 13, 1991, and an order of the same court dated January 27, 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, J.P., LOTT, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court