Opinion
08-09-2017
The PEOPLE, etc., respondent, v. Alex RIVERA, appellant.
Alex Rivera, Comstock, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent. Lynn W.L. Fahey, New York, NY (Lisa Napoli of counsel), former appellate counsel.
Alex Rivera, Comstock, NY, appellant pro se.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Lisa Napoli 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 July 1, 2015 ( People v. Rivera, 130 A.D.3d 655, 13 N.Y.S.3d 450 ), determining an appeal from a judgment of the Supreme Court, Kings County, rendered August 9, 2011.
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., CHAMBERS, BARROS and BRATHWAITE NELSON, JJ., concur.