Opinion
02-25-2015
The PEOPLE, etc., respondent, v. David HOLMES, appellant.
David Holmes, Woodbourne, N.Y., appellant pro se. Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent. Salvatore A. Gaetani, White Plains, N.Y., former appellate counsel.
David Holmes, Woodbourne, N.Y., appellant pro se.
Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.
Salvatore A. Gaetani, White Plains, 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 March 29, 2004 ( People v. Holmes, 5 A.D.3d 793, 773 N.Y.S.2d 588 ), affirming a judgment of the Supreme Court, Westchester County, rendered October 30, 2002.
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 ).
MASTRO, J.P., RIVERA, SGROI and HINDS–RADIX, JJ., concur.