October 16, 2013
The People of the State of New York, respondent,
Hector Rodriguez, appellant. Index No. 6499/01
Hector Rodriguez, Ossining, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), former appellate counsel.
RANDALL T. ENG, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA, MARK C. DILLON, 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 June 13, 2006 (People v. Rodriguez, 30 A.D.3d 544), affirming a judgment of the Supreme Court, Kings County, rendered April 16, 2002.
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., MASTRO, RIVERA and DILLON, JJ., concur.