Opinion
04-12-2017
The PEOPLE, etc., respondent, v. Anthony RUCANO, appellant.
Anthony Rucano, Comstock, NY, appellant pro se. Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent. Lynn W.L. Fahey, New York, NY (A. Alexander Donn of counsel), former appellate counsel.
Anthony Rucano, Comstock, NY, appellant pro se.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (A. Alexander Donn 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 July 1, 2015 (People v. Rucano, 130 A.D.3d 656, 10 N.Y.S.3d 892 ), affirming a judgment of the Supreme Court, Richmond County, rendered January 21, 2011.
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., CHAMBERS, ROMAN and LaSALLE, JJ., concur.