People v. Perez

People v Perez (2015 NY Slip Op 06442)
People v Perez
2015 NY Slip Op 06442
Decided on August 5, 2015
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on August 5, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
JOSEPH J. MALTESE, JJ.

2002-07129
(Ind. No. 2566/00)

[*1]The People of the State of New York, respondent,

v

Wilfredo Perez, appellant.




Wilfredo Perez, Stormville, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnette Traill, Jeanette Lifschitz, and Ushir Pandit of counsel), for respondent.

Lynn W. L. Fahey, New York, N.Y., 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 July 6, 2004 (People v Perez, 9 AD3d 376), affirming a judgment of the Supreme Court, Queens County, rendered July 24, 2002.

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; People v Stultz, 2 NY3d 277).

MASTRO, J.P., BALKIN, CHAMBERS and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court