People v Velez

People v Velez 2013 NY Slip Op 00365 Decided on January 23, 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 January 23, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
DANIEL D. ANGIOLILLO
L. PRISCILLA HALL
SHERI S. ROMAN, JJ.
2008-00222
(Ind. No. 07-00607)

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

v

Julio Velez, appellant.




Mark Diamond, New York, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Steven
A. Bender of counsel), for
respondent.


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 9, 2010 (People v Velez, 78 AD3d 867), affirming a judgment of the County Court, Westchester County, rendered December 11, 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).
DILLON, J.P., ANGIOLILLO, HALL and ROMAN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court