Opinion
2002-00950
05-06-2015
The PEOPLE, etc., respondent, v. Ricardo JOSEPH, appellant.
Ricardo Joseph, Wallkill, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent. Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), former appellate counsel.
Ricardo Joseph, Wallkill, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), former appellate counsel.
Opinion
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 August 11, 2003 (People v. Joseph, 307 A.D.2d 1076, 764 N.Y.S.2d 59 ), affirming a sentence of the County Court, Suffolk County, imposed January 8, 2002.
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 ).
HALL, J.P., SGROI, MILLER and HINDS–RADIX, JJ., concur.