Opinion
2012-01-31
The PEOPLE, etc., respondent, v. Ligio R. LOPEZ, appellant.
Ligio R. Lopez, Marcy, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Ligio R. Lopez, Marcy, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), former appellate counsel.
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 March 21, 2005 ( People v. Lopez, 16 A.D.3d 1182, 790 N.Y.S.2d 880), affirming a sentence of the County Court, Suffolk County, imposed October 29, 2003.
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).