Opinion
01-25-2017
The PEOPLE, etc., respondent, v. Tyrone ROLLE, appellant.
Tyrone Rolle, Attica, NY, appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Merri Turk Lasky of counsel), for respondent. Leon H. Tracy, Jericho, NY, former appellate counsel (no memorandum filed).
Tyrone Rolle, Attica, NY, appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Merri Turk Lasky of counsel), for respondent.
Leon H. Tracy, Jericho, NY, former appellate counsel (no memorandum filed).
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 23, 2004 (People v. Rolle, 4 A.D.3d 542, 771 N.Y.S.2d 704 ), affirming a judgment of the Supreme Court, Queens County, rendered March 29, 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 ).
DILLON, J.P., CHAMBERS, SGROI and LaSALLE, JJ., concur.