Opinion
2011-09-27
The PEOPLE, etc., respondent,v.Jose TORRES, also known as Justo Negron, appellant.
Jonathan I. Edelstein, New York, N.Y. (Robert M. Grossman of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Anastasia Spanakos of counsel), for respondent.Martin Goldberg, Franklin Square, N.Y., former appellate counsel.
*882 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 April 17, 1989 ( People v. Torres, 149 A.D.2d 635, 540 N.Y.S.2d 698), affirming a judgment of the Supreme Court, Queens County, rendered March 28, 1984.
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).
PRUDENTI, P.J., MASTRO, RIVERA and SKELOS, JJ., concur.