Opinion
2014-04-23
The PEOPLE, etc., respondent, v. Juan GARCIA, also known as Jesus Garcia, appellant.
Juan Garcia, also known as Jesus Garcia, Auburn, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Merri Turk Lasky, and Deborah E. Wassel of counsel), for respondent.
Juan Garcia, also known as Jesus Garcia, Auburn, N.Y., appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Merri Turk Lasky, and Deborah E. Wassel of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), former appellate counsel.
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 April 3, 2012 ( People v. Garcia, 94 A.D.3d 775, 941 N.Y.S.2d 516), affirming a sentence of the Supreme Court, Queens County, imposed October 19, 2009.
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, 103 S.Ct. 3308, 77 L.Ed.2d 987;People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883). MASTRO, J.P., SKELOS, LEVENTHAL, AUSTIN and COHEN, JJ., concur.