People v. Osorio

People v Osorio (2020 NY Slip Op 03034)
People v Osorio
2020 NY Slip Op 03034
Decided on May 27, 2020
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 May 27, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
BETSY BARROS, JJ.

2004-03772
(Ind. No. 2319/01)

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

v

Marvin Osorio, appellant.




Marvin Osorio, Wallkill, NY, appellant pro se.

Madeline Singas, District Attorney, Mineola, NY (Sarah S. Rabinowitz of counsel; Daniel Bresnahan on the memorandum), for respondent.



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 4, 2008 (People v Osorio, 49 AD3d 562), affirming a judgment of the Supreme Court, Nassau County, rendered April 23, 2004.

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).

LEVENTHAL, J.P., MILLER, DUFFY and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court