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People v. Escalante

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


November 24, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
LUIS ESCALANTE, 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 September 8, 2003 (People v Escalante, 308 AD2d 459), affirming a judgment of the County Court, Suffolk County, rendered April 19, 2001.

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 & FRED T. SANTUCCI, JJ.

(Ind. No. 219/00)

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 SANTUCCI, JJ., concur.

20091124

© 1992-2009 VersusLaw Inc.



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