Opinion
2014-07-2
The PEOPLE, etc., respondent, v. Ralphie HAYES, appellant.
Ralphie Hayes, Ray Brook, N.Y., appellant pro se. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Ralphie Hayes, Ray Brook, N.Y., appellant pro se. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Salvatore C. Adamo, New York, N.Y., former appellate counsel.
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 January 17, 2012 ( People v. Hayes, 91 A.D.3d 792, 936 N.Y.S.2d 902), affirming a judgment of the County Court, Dutchess County, rendered April 2, 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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987;People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883). ENG, P.J., RIVERA, CHAMBERS, SGROI and MILLER, JJ., concur.