Opinion
2002–00851 Ind. No. 1728/01
10-13-2021
The PEOPLE, etc., respondent, v. Roy JOSEPH, appellant.
Roy Joseph, Wallkill, NY, appellant pro se. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent. Patricia Pazner, New York, N.Y. (Erica Horwitz of counsel), former appellate counsel.
Roy Joseph, Wallkill, NY, appellant pro se.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Patricia Pazner, New York, N.Y. (Erica Horwitz of counsel), former appellate counsel.
CHERYL E. CHAMBERS, J.P., BETSY BARROS, PAUL WOOTEN, DEBORAH A. DOWLING, 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 July 5, 2005 ( People v. Joseph, 20 A.D.3d 435, 797 N.Y.S.2d 310 ), affirming a judgment of the Supreme Court, Kings County, rendered January 8, 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, 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 ).
CHAMBERS, J.P., BARROS, WOOTEN and DOWLING, JJ., concur.