Opinion
2012-05-8
The PEOPLE, etc., respondent, v. Oscar MERCADO, appellant.
Oscar Mercado, Romulus, N.Y., appellant pro se. Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu and Steven A. Bender of counsel), for respondent.
Oscar Mercado, Romulus, N.Y., appellant pro se. Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu and Steven A. Bender of counsel), for respondent.
Thomas T. Keating, Dobbs Ferry, N.Y., former appellate counsel.
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 8, 2010 ( People v. Mercado, 74 A.D.3d 990, 904 N.Y.S.2d 451, cert. denied, ––– U.S. ––––, 131 S.Ct. 1485, 179 L.Ed.2d 319), affirming a resentence of the County Court, Westchester County, imposed July 24, 2008.
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).