Opinion
11-12-2015
The PEOPLE, etc., respondent, v. Julio RIVERA, appellant.
Julio Rivera, Stormville, N.Y., appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Jean M. Joyce of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), former appellate counsel.
Julio Rivera, Stormville, N.Y., appellant pro se.Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Jean M. Joyce of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), former appellate counsel.
Opinion
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 8, 2003 (People v. Rivera, 2 A.D.3d 542, 767 N.Y.S.2d 881 ), affirming a judgment of the Supreme Court, Kings County, rendered June 4, 2001.
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 ).
ENG, P.J., BALKIN, COHEN and DUFFY, JJ., concur.