People v. Velez

People v Velez (2016 NY Slip Op 08545)
People v Velez
2016 NY Slip Op 08545
Decided on December 21, 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 December 21, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
MARK C. DILLON
RUTH C. BALKIN
THOMAS A. DICKERSON, JJ.

2004-00116
(Ind. No. 3934/02)

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

v

Luis Velez, appellant.




Luis Velez, Dannemora, NY, appellant pro se.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Rhea A. Grob of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (William Kastin 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 March 17, 2009 (People v Velez, 60 AD3d 877), affirming a judgment of the Supreme Court, Kings County, rendered December 8, 2003.

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., DILLON, BALKIN and DICKERSON, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court