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People v. Fuentes

Supreme Court of New York, Second Department

June 26, 2013

The People of the State of New York, respondent,
v.
Jesus Fuentes, appellant. (Ind. No. 2476/96)

Jesus Fuentes, Coxsackie, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), former appellate counsel.

REINALDO E. RIVERA, J.P., MARK C. DILLON, THOMAS A. DICKERSON, LEONARD B. AUSTIN, 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 January 28, 2002 (People v Fuentes, 290 A.D.2d 563, cert denied 537 U.S. 1201), affirming a judgment of the County Court, Suffolk County, rendered July 30, 1998.

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).

RIVERA, J.P., DILLON, DICKERSON and AUSTIN, JJ., concur.


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