The People, etc., respondent, v. Marcus Micolo, appellant.

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

The People, etc., respondent, v. Marcus Micolo, appellant.

2003-07225 (Ind.No. 2511/01)

Decided: February 22, 2011

WILLIAM F. MASTRO, J.P. REINALDO E. RIVERA PETER B. SKELOS MARK C. DILLON, JJ. Marcus Micolo, Alden, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glen Green of counsel), for respondent. Robert C. Mitchell, Riverhead, N.Y. (Kirk R. Brandt 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, a decision and order of this Court dated June 20, 2006 (People v. Micolo, 30 AD3d 615), affirming a judgment of the County Court, Suffolk County, rendered July 17, 2003.

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;  People v. Stultz, 2 NY3d 277).

MASTRO, J.P., RIVERA, SKELOS and DILLON, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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