People v Porco

People v Porco 2013 NY Slip Op 05840 Decided on September 11, 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 September 11, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
PETER B. SKELOS
THOMAS A. DICKERSON
SANDRA L. SGROI, JJ.
2007-04459
(Ind. No. 848/05)

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

v

Christopher Porco, appellant.




Robert DiDio, Kew Gardens, N.Y. (Danielle Muscatello of
counsel), for appellant.
P. David Soares, District Attorney, Albany, N.Y. (Christopher
D. Horn of counsel), for respondent.
Kindlon Shanks, Albany, N.Y. (Terence L. Kindlon 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 March 9, 2010 (People v Porco, 71 AD3d 791, affd 17 NY3d 877, cert deniedUS, 132 S Ct 1860), affirming a judgment of the County Court, Albany County, rendered December 12, 2006.

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., SKELOS, DICKERSON and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court