Opinion
2012-11-28
The PEOPLE, etc., respondent, v. Frank PALOMPELLI, appellant.
Frank Palompelli, Stormville, N.Y., appellant pro se. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Frank Palompelli, Stormville, N.Y., appellant pro se. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass 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 July 22, 2002 ( People v. Palompelli, 296 A.D.2d 557, 745 N.Y.S.2d 704), affirming a judgment of the County Court, Orange County, rendered October 14, 1999.
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).