People v. Penafiel ( 2023 )

People v Penafiel (2023 NY Slip Op 05520)

People v Penafiel

2023 NY Slip Op 05520

Decided on November 1, 2023

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 November 1, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
CHERYL E. CHAMBERS
DEBORAH A. DOWLING
LILLIAN WAN, JJ.

2012-04243
(Ind. No. 925/09)

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

v

Segundo Penafiel, appellant.

Segundo Penafiel, Stormville, NY, appellant pro se.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Amanda Iannuzzi of counsel), for respondent.

Patricia Pazner, New York, NY (Mark W. Vorkink of counsel), 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 November 6, 2013 (People v Penafiel, 111 AD3d 653), affirming a judgment of the Supreme Court, Queens County, rendered February 14, 2012.

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).

BRATHWAITE NELSON, J.P., CHAMBERS, DOWLING and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court