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People v. Lopez

Supreme Court of New York, Second Department

October 16, 2013

The People of the State of New York, respondent,
v.
Ligio Lopez, appellant. (Ind. No. 298-03)

Ligio Lopez, Marcy, N.Y., appellant pro se.

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

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

MARK C. DILLON, J.P., RUTH C. BALKIN, THOMAS A. DICKERSON, JOHN M. LEVENTHAL, 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 4, 2008 (People v Lopez, 49 A.D.3d 559), affirming an order of the County Court, Suffolk County, dated January 3, 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).

DILLON, J.P., BALKIN, DICKERSON and LEVENTHAL, JJ., concur.


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