People v Gonzalez

People v Gonzalez 2013 NY Slip Op 08657 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
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
2007-09468
(Ind. No. 2283/06)

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

v

Arcadio N. Gonzalez, appellant.




Arcadio N. Gonzalez, Ossining, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy
Arcidiacono of counsel), for
respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III 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 July 7, 2009 (People v Gonzalez, 64 AD3d 615), affirming a sentence of the Supreme Court, Suffolk County, imposed September 17, 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).
ENG, P.J., MASTRO, BALKIN and CHAMBERS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court