Filed January 10, 2013
Defendant waited two years to criticize appellate counsel’s performance, and only after he became privy to the outcome of his co-defendant’s appeal. As this Court has held, in order to challenge an attorney’s strategic decision, a defendant must submit an affidavit from the attorney demonstrating the lack of a legitimate basis for the challenged decision (see, e.g., People vMorales, 58 NY2d 1008, 1009 [19831). While defendant’s coram nobis application claims that he “invited” appellate counsel’s response to his allegations, defendant’s “invitation” did not constitute a request for an affidavit.