Opinion
07-13-2016
The PEOPLE, etc., respondent, v. Michael CRUZ, appellant.
Michael Cruz, Dannemora, NY, appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent. Lynn W.L. Fahey, New York, NY (Barry Stendig of counsel), former appellate counsel.
Michael Cruz, Dannemora, NY, appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Barry Stendig 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 26, 2015 ( People v. Cruz, 131 A.D.3d 706, 15 N.Y.S.3d 692 ), affirming a judgment of the Supreme Court, Kings County, rendered January 24, 2013. 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., DICKERSON, HINDS–RADIX and BARROS, JJ., concur.