Opinion
2015-10-14
The PEOPLE, etc., respondent, v. Johnny RIOS, appellant.
Johnny Rios, Comstock, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.
Johnny Rios, Comstock, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard 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 June 20, 2012 (People v. Rios, 96 A.D.3d 978, 946 N.Y.S.2d 499), affirming a judgment of the Supreme Court, Kings County, rendered August 26, 2010.
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). DILLON, J.P., MILLER, MALTESE and LaSALLE, JJ., concur.