The People, etc., respondent, v. Santiago Alvarez, appellant.

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

The People, etc., respondent, v. Santiago Alvarez, appellant.

2010–01098 (Ind.No. 09–00389)

Decided: June 25, 2014

THOMAS A. DICKERSON, J.P. L. PRISCILLA HALL SHERI S. ROMAN SYLVIA O. HINDS–RADIX, JJ. Santiago Alvarez, Fishkill, N.Y., appellant pro se. David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent. John R. Lewis, Sleepy Hollow, 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 July 12, 2011 (People v. Alvarez, 86 AD3d 578), affirming a sentence of the County Court, Orange County, imposed January 11, 2010.

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).

DICKERSON, J.P., HALL, ROMAN and HINDS–RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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