The People, etc., respondent, v. Christopher Pearce, appellant.

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

The People, etc., respondent, v. Christopher Pearce, appellant.

2008–07132 (Ind.No. 2518/07)

Decided: September 13, 2011

JOSEPH COVELLO, J.P. RANDALL T. ENG CHERYL E. CHAMBERS L. PRISCILLA HALL, JJ. Christopher Pearce, Pine City, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Ilisa Fleischer of counsel), for respondent. Bruce R. Bekritsky, Mineola, N.Y., 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 February 15, 2011 (People v. Pearce, 81 AD3d 856), affirming a judgment of the Supreme Court, Nassau County, rendered July 23, 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;  People v. Stultz, 2 NY3d 277).

COVELLO, J.P., ENG, CHAMBERS and HALL, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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