Opinion
06-22-2016
The PEOPLE, etc., respondent, v. Rafael MELLA–RODRIGUEZ, appellant.
Rafael Mella–Rodriguez, Napanoch, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent. Robert C. Mitchell, Riverhead, N.Y. (Felice Milani of counsel), former appellate counsel.
Rafael Mella–Rodriguez, Napanoch, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Felice Milani 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 10, 2007 (People v. Mella–Rodriguez, 39 A.D.3d 671, 836 N.Y.S.2d 192 ), affirming a judgment of the County Court, Suffolk County, rendered September 29, 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, 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 ).
RIVERA, J.P., DILLON, CHAMBERS and HINDS–RADIX, JJ., concur.