Opinion
2012-02-14
The PEOPLE, etc., respondent, v. Raymond MERCHANT, appellant.
Raymond Merchant, Wallkill, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Sarah S. Rabinowitz of counsel), for respondent.
Raymond Merchant, Wallkill, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Sarah S. Rabinowitz 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 15, 2011 ( People v. Merchant, 287 A.D.2d 580, 731 N.Y.S.2d 655), affirming a judgment of the County Court, Nassau County, rendered June 29, 2000.
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).