Opinion
04-01-2015
The PEOPLE, etc., respondent, v. Albert FOUNTAIN, appellant.
Albert Fountain, Dannemora, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Trail, Jeanette Lifschitz, and Roni C. Piplani of counsel), for respondent.
Albert Fountain, Dannemora, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Trail, Jeanette Lifschitz, and Roni C. Piplani of counsel), for respondent.
Opinion 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 January 23, 2013 (People v. Fountain, 102 A.D.3d 887, 958 N.Y.S.2d 470 ), affirming a judgment of the Supreme Court, Queens County, rendered October 14, 2010.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 ).
BALKIN, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.