Victor Clemente, named herein as Victor Clemente, Jr., Napanoch, NY, appellant pro se on Appeal No. 1 and respondent pro se on Appeal No. 2.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel), for respondent on Appeal No. 1 and appellant on Appeal No. 2.
Paul Skip Laisure, New York, N.Y. (Tammy E. Linn of counsel), former appellate counsel on Appeal No. 2.
RANDALL T. ENG, P.J., MARK C. DILLON, JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, JJ.
DECISION & ORDERApplication by the defendant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, (1) a decision and order of this Court dated May 3, 2011 ( People v. Clemente, 84 A.D.3d 829, 922 N.Y.S.2d 193 ), affirming a judgment of the Supreme Court, Queens County, rendered April 30, 2008, and (2) a decision and order of this Court dated May which were, inter alia, for a writ of error coram nobis to vacate a decision and order of this Court dated May 22, 1989 ( People v. Clemente, 150 A.D.2d 709, 541 N.Y.S.2d 583 ), which reversed an order of the Supreme Court, Queens County, dated March 22, 1988, dismissing the indictment on the ground that he had been deprived of his constitutional right to a speedy trial.
ORDERED that the application is denied.
The defendant 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, LEVENTHAL and CHAMBERS, JJ., concur.