People v Montalvo

People v Montalvo 2012 NY Slip Op 07320 Decided on November 7, 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 November 7, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
PETER B. SKELOS, JJ.
2003-02798
(Ind. No. 1538/02)

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

v

Arturo Montalvo, appellant.




Arturo Montalvo, Dannemora, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas
C. Costello of counsel), for
respondent.
Michael P. Berkley, Garden City, 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 November 14, 2006 (People v Montalvo, 34 AD3d 600), affirming a judgment of the County Court, Suffolk County, rendered March 10, 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).
ENG, P.J., MASTRO, RIVERA and SKELOS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court