May 15, 2013
The People of the State of New York, respondent,
Fernando Nuesi, appellant. Ind. No. 12437/07
Fernando Nuesi, Malone, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), former appellate counsel.
WILLIAM F. MASTRO, J.P. JOHN M. LEVENTHAL LEONARD B. AUSTIN JEFFREY A. COHEN, JJ.
DECISION & ORDER
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 May 24, 2011 (People v Nuesi, 84 A.D.3d 1272), affirming a judgment of the Supreme Court, Kings County, rendered May 22, 2009.
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; People v Stultz, 2 N.Y.3d 277).
MASTRO, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.