People v Nunez

People v Nunez 2014 NY Slip Op 02316 Decided on April 2, 2014 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 April 2, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
RUTH C. BALKIN
THOMAS A. DICKERSON
SANDRA L. SGROI, JJ.
2010-00729
(Ind. No. 1714/07)

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

v

Ricardo Nunez, appellant.




Ricardo Nunez, Coxsackie, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John
M. Castellano, Nicoletta J. Caferri, and
Merri Turk Lasky of counsel), for
respondent.
Schwed & Zucker, Kew Gardens, N.Y. (Michael Schwed 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 22, 2011 (People v Nunez, 82 AD3d 1128), affirming a judgment of the Supreme Court, Queens County, rendered January 7, 2010.

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., BALKIN, DICKERSON and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court