People v Nadal

People v Nadal 2012 NY Slip Op 06316 Decided on September 26, 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 September 26, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
REINALDO E. RIVERA
PETER B. SKELOS
RUTH C. BALKIN, JJ.
2004-00682
2004-00683

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

v

Juan Nadal, also known as John Nadal, appellant. (Ind. Nos. 02-01123, 03-00155)




Juan Nadal, Stormville, N.Y., appellant pro se.
Janet DiFiore, District Attorney, White Plains, N.Y. (Maria I.
Wager and Steven A. Bender of
counsel), for respondent.
John P. Savoca, Yorktown Heights, 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 December 2, 2008 (People v Nadal, 57 AD3d 574), modifying two judgments of the Supreme Court, Westchester County, both rendered January 6, 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, SKELOS and BALKIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court