The People, etc., respondent, v. Tito Greene, appellant.

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

The People, etc., respondent, v. Tito Greene, appellant.

2004–01464 (Ind.No. 877/02)

Decided: September 27, 2011

A. GAIL PRUDENTI, P.J. WILLIAM F. MASTRO PETER B. SKELOS ANITA R. FLORIO, JJ. Tito Greene, Stormville, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy Smiley and Andrea M. DiGregorio of counsel), for respondent.

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 October 24, 2006 (People v. Greene, 33 AD3d 936), affirming a judgment of the County Court, Nassau County, rendered February 9, 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 U.S. 745;  People v. Stultz, 2 NY3d 277).

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

ENTER:

Matthew G. Kiernan

Clerk of the Court

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