People v. DiValentino ( 2020 )

People v DiValentino (2020 NY Slip Op 08077)

People v DiValentino

2020 NY Slip Op 08077

Decided on December 30, 2020

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 30, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
LEONARD B. AUSTIN
ROBERT J. MILLER
HECTOR D. LASALLE, JJ.

2015-05061
(Ind. No. 11-00093)

[*1]The People of the State of New York, respondent,

v

Anthony DiValentino, appellant.

Anthony DiValentino, Stormville, NY, appellant pro se.

David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss 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 18, 2017 (People v DiValentino, 154 AD3d 872), affirming a judgment of the County Court, Orange County, rendered March 30, 2015.

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).

BALKIN, J.P., AUSTIN, MILLER and LASALLE, JJ., concur.

ENTER: Aprilanne Agostino Clerk of the Court