Opinion
2014-01-22
The PEOPLE, etc., respondent, v. Wilfredo AVILES, appellant.
Wilfredo Aviles, Ossining, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam Koelsch of counsel), for respondent.
Wilfredo Aviles, Ossining, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam Koelsch of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Winston McIntosh 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 August 2, 2011 (People v. Aviles, 87 A.D.3d 547, 927 N.Y.S.2d 788), affirming a judgment of the Supreme Court, Kings County, rendered December 11, 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). MASTRO, J.P., CHAMBERS, AUSTIN and COHEN, JJ., concur.