People v. Fernandez

Madeline Singas, District Attorney, Mineola, NY (Daniel Bresnahan and Joseph Mogelnicki of counsel), for respondent.

James G. Frankie, Mineola, NY, 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 August 29, 1994 (People v. Fernandez,

207 A.D.2d 562, 616 N.Y.S.2d 257 ), affirming a judgment of the County Court, Nassau County, rendered September 30, 1992.

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., HALL, HINDS–RADIX and MALTESE, JJ., concur.