Opinion
2011-09-27
The PEOPLE, etc., respondent,v.Tito GREENE, appellant.
Tito Greene, Stormville, N.Y., appellant pro se.Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy Smiley and Andrea M. DiGregorio 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 October 24, 2006 ( People v. Greene, 33 A.D.3d 936, 826 N.Y.S.2d 297), affirming a judgment of the County Court, Nassau County, rendered February 9, 2004.
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).
PRUDENTI, P.J., MASTRO, SKELOS and FLORIO, JJ., concur.