Opinion
No. 2005-05457.
October 9, 2007.
Application by the defendant for a writ of error coram nobis, in effect, to vacate a judgment of the Supreme Court, Queens County, rendered January 27, 2005, so that he may be resentenced nunc pro tunc and file a notice of appeal, on the ground that his attorney failed to file a notice of appeal.
Leroy Peoples, Coxsackie, N.Y., Defendant Pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Anastasia Spanakos of counsel), for Plaintiff.
Before: Prudenti, P.J., Miller, Spolzino and Lifson, JJ., concur.
Ordered that the application is denied.
The defendant has failed to establish that he was denied the effective assistance of counsel ( see Jones v Barnes, 463 US 745; People v Stultz, 2 NY3d 277; People v Bachert, 69 NY2d 593; People v Montgomery, 24 NY2d 130).