Opinion
2011-09-13
The PEOPLE, etc., respondent,v.Christopher PEARCE, appellant.
Christopher Pearce, Pine City, N.Y., appellant pro se.Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Ilisa Fleischer of counsel), for respondent.Bruce R. Bekritsky, Mineola, N.Y., 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 February 15, 2011 ( People v. Pearce, 81 A.D.3d 856, 916 N.Y.S.2d 232), affirming a judgment of the Supreme Court, Nassau County, rendered July 23, 2008.
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).
COVELLO, J.P., ENG, CHAMBERS and HALL, JJ., concur.