Opinion
2012-03-6
The PEOPLE, etc., respondent, v. Eduardo AGUAYO, appellant.
Eduardo Aguayo, Malone, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Linda Cantoni of counsel), for respondent.
Eduardo Aguayo, Malone, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Linda Cantoni of counsel), for respondent.
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 May 11, 2010 ( People v. Aguayo, 73 A.D.3d 938, 899 N.Y.S.2d 878), affirming two judgments of the Supreme Court, Queens County, both rendered October 23, 2008.
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).