People v Paddyfote

People v Paddyfote 2013 NY Slip Op 08464 Decided on December 18, 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 18, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
MARK C. DILLON
CHERYL E. CHAMBERS
LEONARD B. AUSTIN, JJ.
2012-04196
(Ind. No. 119/10)

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

v

Kenneth A. Paddyfote III, appellant.




Kenneth A. Paddyfote III, Brocton, N.Y., appellant pro se.
William V. Grady, District Attorney, Poughkeepsie, N.Y.
(Bridget Rahilly Steller of counsel), for
respondent.
Jeanette Madera, Poughkeepsie, 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 June 5, 2013 (People v Paddyfote, 107 AD3d 745), affirming a sentence of the County Court, Dutchess County, imposed November 16, 2011.

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., DILLON, CHAMBERS and AUSTIN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court