Opinion
10-25-2017
The PEOPLE, etc., Respondent, v. Jorge HERNANDEZ, Appellant.
Jorge Hernandez, Elmira, NY, appellant pro se. David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.
Jorge Hernandez, Elmira, NY, appellant pro se.
David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss 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 December 4, 2007 ( People v. Hernandez, 46 A.D.3d 574, 846 N.Y.S.2d 371 ), determining an appeal from a judgment of the County Court, Orange County, rendered June 29, 2005.
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 ).
DILLON, J.P., HALL, SGROI and IANNACCI, JJ., concur.