People v. Forino

Joseph Forino, Stormville, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Douglas Noll and Margaret E. Mainusch of counsel), for respondent.

Kent V. Moston, Hempstead, N.Y. (David A. Bernstein 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 September 22, 2009 ( People v. Forino, 65 A.D.3d 1259, 887 N.Y.S.2d 114), affirming a judgment of the Supreme Court, Nassau County, rendered July 13, 2007.

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).

SKELOS, J.P., ANGIOLILLO, BALKIN and BELEN, JJ., concur.