People v. Latouche ( 2023 )

People v Latouche (2023 NY Slip Op 06149)

People v Latouche

2023 NY Slip Op 06149

Decided on November 29, 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 29, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
LILLIAN WAN, JJ.

2006-01150
(Ind. No. 35/05)

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

v

Valery Latouche, appellant.

Valery Latouche, Ossining, NY, appellant pro se.

Thomas E. Walsh II, District Attorney, New City, NY (Carrie A. Ciganek 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 April 7, 2009 (People v Latouche, 61 AD3d 702), affirming a judgment of the County Court, Rockland County, rendered November 15, 2005.

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., MILLER, GENOVESI and WAN, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court