Opinion
2012-02-14
The PEOPLE, etc., respondent, v. Jose FUENTES, appellant.
Jose Fuentes, Pine City, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Applebaum of counsel), for respondent.
Jose Fuentes, Pine City, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Applebaum 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 February 5, 2008 ( People v. Fuentes, 48 A.D.3d 479, 851 N.Y.S.2d 628, affd. 12 N.Y.3d 259, 879 N.Y.S.2d 373, 907 N.E.2d 286), affirming a judgment of the Supreme Court, Kings County, rendered February 28, 2006.
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).