Opinion
2011-09-20
The PEOPLE, etc., respondent,v.Roger HELENESE, appellant.
Roger Helenese, Warwick, N.Y., appellant pro se.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Laura T. Ross 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 July 27, 2010 ( People v. Helenese, 75 A.D.3d 653, 907 N.Y.S.2d 223), affirming a judgment of the Supreme Court, Queens County, rendered February 27, 2007.
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, RIVERA and DILLON, JJ., concur.