| People v D'Amico |
| 2006 NY Slip Op 05985 |
| Decided on July 25, 2006 |
| Appellate Division, Second Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on July 25, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTA. GAIL PRUDENTI, P.J.
ANITA R. FLORIO
THOMAS A. ADAMS
DAVID S. RITTER, JJ.
1997-09164 DECISION & ORDER
[*1]The People, etc., respondent,
v
Gino D'Amico, appellant. (Ind. No. 96-00603)
v
Gino D'Amico, appellant. (Ind. No. 96-00603)
Rochman Platzer Fallick Sternheim Luca & Pearl, LLP, New
York, N.Y. (Barry M. Fallick and Jillian S. Harrington of counsel),
for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew
R. Kass of counsel), for respondent.
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 29, 2002 (People v D'Amico, 296 AD2d 579), affirming a judgment of the County Court, Orange County, rendered August 6, 1997.
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 US 745; People v Stultz, 2 NY3d 277).PRUDENTI, P.J., FLORIO, ADAMS and RITTER, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court