Opinion
01-25-2017
The PEOPLE, etc., respondent, v. Rudolph DICK, appellant.
Rudolph Dick, Attica, N.Y., appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y., former appellate counsel.
Rudolph Dick, Attica, N.Y., appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y., 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 February 19, 2008 (People v. Dick, 48 A.D.3d 697, 852 N.Y.S.2d 334 ), affirming a judgment of the Supreme Court, Kings County, rendered June 21, 2005.
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 ).
AUSTIN, J.P., COHEN, MILLER and CONNOLLY, JJ., concur.