People v DeFreitas

People v DeFreitas 2017 NY Slip Op 08682 Decided on December 13, 2017 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 13, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
REINALDO E. RIVERA
MARK C. DILLON
JEFFREY A. COHEN, JJ.
1992-04806
(Ind. No. 77897)

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

v

Miguel DeFreitas, appellant.

Miguel DeFreitas, Wallkill, NY, appellant pro se.

Madeline Singas, District Attorney, Mineola, NY (Daniel S. Bresnahan and Andrea M. DiGregorio of counsel), for respondent.

N. Scott Banks, Hempstead, NY (Tammy Feman 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, an opinion and order of this Court dated August 14, 1995 (People v DeFreitas, 213 AD2d 96), affirming a judgment of the County Court, Nassau County, rendered June 9, 1992.

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., RIVERA, DILLON and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court