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People v. Auguste

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


June 8, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
ELEUTHERIUS AUGUSTE, 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 February 24, 2003 (People v Auguste, 302 AD2d 601), affirming a judgment of the Supreme Court, Queens County, rendered October 17, 2000.

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.

REINALDO E. RIVERA, J.P., PETER B. SKELOS, ANITA R. FLORIO HOWARD MILLER, JJ.

(Ind. No. 11195/99)

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). RIVERA, J.P., SKELOS, FLORIO and MILLER, JJ., concur.

20100608

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