Opinion
2012-02-28
The PEOPLE, etc., respondent, v. Adalberto LUCAS, appellant.
Adalberto Lucas, Fishkill, N.Y., appellant pro se. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Adalberto Lucas, Fishkill, N.Y., appellant pro se. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Diane E. Selker, Peekskill, 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 October 14, 2008 ( People v. Lucas, 55 A.D.3d 753, 864 N.Y.S.2d 777), affirming a judgment of the County Court, Rockland County, rendered June 19, 2007.
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).