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People v. Tineo

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 23, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
MICHAEL TINEO, APPELLANT.

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 26, 2007 (People v Tineo, 41 AD3d 876), affirming a judgment of the Supreme Court, Suffolk County, rendered January 9, 2006.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, PETER B. SKELOS and RUTH C. BALKIN, JJ.

(Ind. Nos. 2762/04)

DECISION & ORDER

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 US 745; People v Stultz, 2 NY3d 277).

MASTRO, J.P., RIVERA, SKELOS and BALKIN, JJ., concur.

20081223

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