PEOPLE v. DEFREITAS (2025)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Miguel DEFREITAS, appellant.

1992-04806

Decided: February 19, 2025

MARK C. DILLON, J.P., ROBERT J. MILLER, LOURDES M. VENTURA, DONNA–MARIE E. GOLIA, JJ.

Miguel DeFreitas, Wallkill, NY, appellant pro se. Anne T. Donnelly, District Attorney, Mineola, NY (Daniel Bresnahan and Andrea M. DiGregorio of counsel), for respondent. N. Scott Banks, Hempstead, NY (Tammy Feman of counsel), former appellate counsel.

DECISION & ORDER

Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, an opinion and order of this Court dated August 14, 1995 (People v. DeFreitas, 213 A.D.2d 96, 630 N.Y.S.2d 755), affirming a judgment of the County Court, Nassau County, rendered June 9, 1992.

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).

DILLON, J.P., MILLER, VENTURA and GOLIA, JJ., concur.

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