People v. Rosario

Full title: THE PEOPLE, ETC., respondent, v. RICHARD ROSARIO, appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 15, 2003

308 A.D.2d 496 (N.Y. App. Div. 2003)

764 N.Y.S.2d 655

Opinion

1993-04547

September 15, 2003.

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 October 31, 1994 ( People v. Rosario, 208 A.D.2d 961), affirming a judgment of the Supreme Court, Queens County, rendered June 17, 1993.

Nicholas J. Palma, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Elaine E. Oh of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, ANITA R. FLORIO, WILLIAM D. FRIEDMANN, JJ.

DECISION ORDER

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).

PRUDENTI, P.J., RITTER, FLORIO and FRIEDMANN, JJ., concur.