People v Osorio, 2020 NY Slip Op 03034 [183 AD3d 918]

May 27, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Marvin Osorio, Appellant.

Marvin Osorio, Wallkill, NY, appellant pro se.

Madeline Singas, District Attorney, Mineola, NY (Sarah S. Rabinowitz of counsel; Daniel Bresnahan on the memorandum), for respondent.

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 March 4, 2008 ( People v Osorio , 49 AD3d 562 [2008]), affirming a judgment of the Supreme Court, Nassau County, rendered April 23, 2004.

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 [1983]; People v Stultz , 2 NY3d 277 [2004]). Leventhal, J.P., Miller, Duffy and Barros, JJ., concur..