People v Garcia

People v Garcia 2014 NY Slip Op 02793 Decided on April 23, 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 23, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
PETER B. SKELOS
JOHN M. LEVENTHAL
LEONARD B. AUSTIN
JEFFREY A. COHEN, JJ.
2010-02684
(Ind. No. 1005/07)

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

v

Juan Garcia, also known as Jesus Garcia, appellant.




Juan Garcia, also known as Jesus Garcia, Auburn, N.Y., appellant
pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John
M. Castellano, Merri Turk Lasky, and
Deborah E. Wassel of counsel), for
respondent.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell 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 April 3, 2012 (People v Garcia, 94 AD3d 775), affirming a sentence of the Supreme Court, Queens County, imposed October 19, 2009.

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).
MASTRO, J.P., SKELOS, LEVENTHAL, AUSTIN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court