Opinion
2012-08-29
The PEOPLE, etc., respondent, v. Marcus FRYE, appellant.
Marcus Frye, Pine City, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Rona I. Kugler of counsel), for respondent.
Marcus Frye, Pine City, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Rona I. Kugler of counsel), for respondent.
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 March 15, 1993 ( People v. Frye, 191 A.D.2d 581, 595 N.Y.S.2d 84), affirming a judgment of the Supreme Court, Queens County, rendered June 15, 1989.
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).