Opinion
2011-10-18
The PEOPLE, etc., respondent,v.Olvin ORTIZ, appellant.
Olvin Ortiz, Stormville, N.Y., appellant pro se.Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent.Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden 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 December 4, 2007 ( People v. Ortiz, 46 A.D.3d 580, 846 N.Y.S.2d 370), affirming a judgment of the Supreme Court, Suffolk County, rendered February 28, 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).
MASTRO, J.P., RIVERA, SKELOS and BALKIN, JJ., concur.