Opinion
2015-07-29
The PEOPLE, etc., respondent, v. James NOEZILE, appellant.
James Noezile, Auburn, N.Y., appellant pro se. Carol Kahn, New York, N.Y., former appellate counsel.
James Noezile, Auburn, N.Y., appellant pro se. Carol Kahn, New York, 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 April 30, 2001 ( People v. Noezile, 282 A.D.2d 762, 724 N.Y.S.2d 620), affirming a judgment of the County Court, Dutchess County, rendered November 5, 1999.
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).