People v. Hayes

People v Hayes (2014 NY Slip Op 04961)

People v Hayes

2014 NY Slip Op 04961

Decided on July 2, 2014

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 July 2, 2014SUPREME COURT OF THE STATE OF NEW YORKAppellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
CHERYL E. CHAMBERS
SANDRA L. SGROI
ROBERT J. MILLER, JJ.

2009-03827
(Ind. No. 128/08)

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

v

Ralphie Hayes, appellant.

Ralphie Hayes, Ray Brook, N.Y., appellant pro se.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.

Salvatore C. Adamo, New York, 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 January 17, 2012 (People v Hayes, 91 AD3d 792), affirming a judgment of the County Court, Dutchess County, rendered April 2, 2009.

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).

ENG, P.J., RIVERA, CHAMBERS, SGROI and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court