Opinion
2013-12-18
The PEOPLE, etc., respondent, v. Kenneth A. PADDYFOTE III, appellant.
Kenneth A. Paddyfote III, Brocton, N.Y., appellant pro se. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Kenneth A. Paddyfote III, Brocton, N.Y., appellant pro se. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Jeanette Madera, Poughkeepsie, 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 June 5, 2013 (People v. Paddyfote, 107 A.D.3d 745, 966 N.Y.S.2d 673), affirming a sentence of the County Court, Dutchess County, imposed November 16, 2011.
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). ENG, P.J., DILLON, CHAMBERS and AUSTIN, JJ., concur.