People v. Rhodes

People v Rhodes (2016 NY Slip Op 05879)
People v Rhodes
2016 NY Slip Op 05879
Decided on August 24, 2016
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 24, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
SANDRA L. SGROI
JOSEPH J. MALTESE
COLLEEN D. DUFFY, JJ.

2000-11592
(Ind. No. 2911/97)

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

v

Oscar Rhodes, appellant.




Oscar Rhodes, Stormville, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (Winston McIntosh 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 October 4, 2004 (People v Rhodes, 11 AD3d 487), affirming a judgment of the Supreme Court, Queens County, rendered December 4, 2000.

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).

ENG, P.J., SGROI, MALTESE and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court