Opinion
12-10-2014
The PEOPLE, etc., respondent, v. Ecson CAIMITE, appellant.
Ecson Caimite, Ossining, N.Y. appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent. Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.
Ecson Caimite, Ossining, N.Y. appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.
Opinion 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 16, 2003 (People v. Caimite, 306 A.D.2d 417, 761 N.Y.S.2d 491 ), affirming a judgment of the Supreme Court, Kings County, rendered April 5, 2001.
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, 103 S.Ct. 3308, 77 L.Ed.2d 987 ; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883 ).
BALKIN, J.P., LEVENTHAL, HALL and HINDS–RADIX, JJ., concur.