People v. Velez

Full title: The People of the State of New York, respondent, v. Luis Velez, appellant.

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Dec 21, 2016

2016 N.Y. Slip Op. 8545 (N.Y. App. Div. 2016)

Opinion

2004-00116

12-21-2016

The People of the State of New York, respondent, v. Luis Velez, appellant.

Luis Velez, Dannemora, NY, appellant pro se. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Rhea A. Grob of counsel), for respondent. Lynn W. L. Fahey, New York, NY (William Kastin of counsel), former appellate counsel.

WILLIAM F. MASTRO, J.P.

MARK C. DILLON RUTH C. BALKIN THOMAS A. DICKERSON, JJ. (Ind. No. 3934/02)

Luis Velez, Dannemora, NY, appellant pro se.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Rhea A. Grob of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (William Kastin of counsel), former appellate counsel.

DECISION & ORDER

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 March 17, 2009 (People v Velez, 60 AD3d 877), affirming a judgment of the Supreme Court, Kings County, rendered December 8, 2003.

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 US 745; People v Stultz, 2 NY3d 277).

MASTRO, J.P., DILLON, BALKIN and DICKERSON, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court