Opinion
2012-11-7
The PEOPLE, etc., respondent, v. Arturo MONTALVO, appellant.
Arturo Montalvo, Dannemora, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Arturo Montalvo, Dannemora, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Michael P. Berkley, Garden City, N.Y., 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 November 14, 2006 ( People v. Montalvo, 34 A.D.3d 600, 825 N.Y.S.2d 101), affirming a judgment of the County Court, Suffolk County, rendered March 10, 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).