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People v. Porco

Supreme Court of New York, Second Department

September 11, 2013

The People of the State of New York, respondent,
v.
Christopher Porco, appellant. Ind. No. 848/05

Robert DiDio, Kew Gardens, N.Y. (Danielle Muscatello of counsel), for appellant.

P. David Soares, District Attorney, Albany, N.Y. (Christopher D. Horn of counsel), for respondent.

Kindlon Shanks, Albany, N.Y. (Terence L. Kindlon of counsel), former appellate counsel.

RANDALL T. ENG, P.J., PETER B. SKELOS, THOMAS A. DICKERSON, SANDRA L. SGROI, 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 March 9, 2010 (People v Porco, 71 A.D.3d 791, affd 17 N.Y.3d 877, cert denied US, 132 S.Ct. 1860), affirming a judgment of the County Court, Albany County, rendered December 12, 2006.

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).

ENG, P.J., SKELOS, DICKERSON and SGROI, JJ., concur.


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