People v Forino

People v Forino 2011 NY Slip Op 08953 Decided on December 6, 2011 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 6, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
DANIEL D. ANGIOLILLO
RUTH C. BALKIN
ARIEL E. BELEN, JJ.
2007-06909
(Ind. No. 1983/05)

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

v

Joseph Forino, appellant.




Joseph Forino, Stormville, N.Y., appellant pro se.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas
Noll and Margaret E. Mainusch of
counsel), for respondent.
Kent V. Moston, Hempstead, N.Y. (David A. Bernstein 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 22, 2009 (People v Forino, 65 AD3d 1259), affirming a judgment of the Supreme Court, Nassau County, rendered July 13, 2007.

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).
SKELOS, J.P., ANGIOLILLO, BALKIN and BELEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court