The People, etc., respondent, v. Jose Torres, also known as Justo Negron, appellant.

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

The People, etc., respondent, v. Jose Torres, also known as Justo Negron, appellant.

2011–00252 (Ind.No. 2148/82)

Decided: September 27, 2011

A. GAIL PRUDENTI, P.J. WILLIAM F. MASTRO REINALDO E. RIVERA PETER B. SKELOS, JJ. Jonathan I. Edelstein, New York, N.Y. (Robert M. Grossman of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Anastasia Spanakos of counsel), for respondent. Martin Goldberg, Franklin Square, 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 April 17, 1989 (People v. Torres, 149 A.D.2d 635), affirming a judgment of the Supreme Court, Queens County, rendered March 28, 1984.

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).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court

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