People v. Viera , 992 N.Y.S.2d 902 ( 2014 )

People v Viera (2014 NY Slip Op 06849)

People v Viera

2014 NY Slip Op 06849

Decided on October 8, 2014

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 8, 2014SUPREME COURT OF THE STATE OF NEW YORKAppellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.

2009-11712
(Ind. No. 524/09)

[*1]The People of the State of New York, respondent,

v

Brandon Viera, appellant.

Brandon Viera, Dannemora, N.Y., appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Gamaliel Marrero of counsel), for respondent.

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 September 11, 2013 (People v Viera, 109 AD3d 844), affirming a judgment of the Supreme Court, Kings County, rendered November 30, 2009.

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 US 745; People v Stultz, 2 NY3d 277).

ENG, P.J., RIVERA, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court