Opinion
02-08-2017
The PEOPLE, etc., respondent, v. Eric CHERRY, appellant.
Eric Cherry, Coxsackie, NY, appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Joseph Ferdenzi, and Sharon Y. Brodt of counsel), for respondent. Lynn W.L. Fahey, New York, NY (David P. Greenberg of counsel), former appellate counsel.
Eric Cherry, Coxsackie, NY, appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Joseph Ferdenzi, and Sharon Y. Brodt of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (David P. Greenberg 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 April 8, 2015 (People v. Cherry, 127 A.D.3d 879, 5 N.Y.S.3d 527 ), affirming two judgments of the Supreme Court, Queens County, both rendered June 13, 2012.
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 ).
RIVERA, J.P., CHAMBERS, MILLER and DUFFY, JJ., concur.