Opinion
03-29-2017
The PEOPLE, etc., respondent, v. Mario COSTELLO, appellant.
Mario Costello, Stormville, NY, appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, NY (Johnnette Traill, Anastasia Spanakos, and Tina Grillo of counsel), for respondent. Lynn W.L. Fahey, New York, NY (Steven R. Bernhard of counsel), former appellate counsel.
Mario Costello, Stormville, NY, appellant pro se.Richard A. Brown, District Attorney, Kew Gardens, NY (Johnnette Traill, Anastasia Spanakos, and Tina Grillo of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Steven R. Bernhard 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 May 13, 2015 (People v. Costello, 128 A.D.3d 848, 9 N.Y.S.3d 132 ), affirming a judgment of the Supreme Court, Queens County, rendered May 30, 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, COHEN and BARROS, JJ., concur.