Opinion
1992-04573
Submitted February 19, 2002.
March 25, 2002.
Application by the appellant for a writ of error coram nobis to vacate a decision and order of this court, dated May 2, 1994 (People v. Villante, 204 A.D.2d 369), affirming a judgment of the Supreme Court, Queens County, rendered April 23, 1992, on the ground of ineffective assistance of counsel. By decision and order of this court, dated August 13, 2001, the appellant was granted leave to file a brief, and, in effect, the coram nobis application was held in abeyance in the interim.
Arza Feldman, Hauppauge, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Donna Aldea of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., SANDRA J. FEUERSTEIN, DANIEL F. LUCIANO, and ROBERT W. SCHMIDT, JJ.
ORDERED that the application is denied.
Appellate counsel's failure to raise the issue of double jeopardy cannot be considered ineffective assistance of counsel because the defendant failed to raise that claim prior to the entry of the judgment of conviction (see People v. LaRuffa, 37 N.Y.2d 58, cert denied 423 U.S. 917).
PRUDENTI, P.J., FEUERSTEIN, LUCIANO and SCHMIDT, JJ., concur.