Opinion
2012-01-17
The PEOPLE, etc., respondent, v. Gabriel HOYLE, appellant.
Gabriel Hoyle, Comstock, N.Y., appellant pro se. Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), former appellate counsel.
Gabriel Hoyle, Comstock, N.Y., appellant pro se. Lynn W.L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), 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 September 12, 2006 ( People v. Hoyle, 32 A.D.3d 864, 820 N.Y.S.2d 527), affirming a judgment of the Supreme Court, Kings County, rendered August 4, 2004.
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).