October 16, 2013
The People of the State of New York, respondent,
Jorge Mercado, appellant. (Ind. No. 1381/10)
Jorge Mercado, Dannemora, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Ellen C. Abbot of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Leila Hull of counsel), former appellate counsel.
REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, 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 January 16, 2013 (People v Mercado, 102 A.D.3d 813), affirming a judgment of the Supreme Court, Queens County, rendered April 15, 2011.
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., CHAMBERS, ROMAN and COHEN, JJ., concur.