People v. Bernardez

People v Bernardez (2020 NY Slip Op 04848)

People v Bernardez

2020 NY Slip Op 04848

Decided on September 2, 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 September 2, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
LEONARD B. AUSTIN, J.P.
JOHN M. LEVENTHAL
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.

2008-11103
(Ind. No. 07-00545)

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

v

Juan R. Bernardez, appellant.

Juan Bernardez, named herein as Juan R. Bernardez, Stormville, NY, appellant pro se.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jordan K. Hummel and William C. Milaccio of counsel), for respondent.

Gerald Zuckerman, Ossining, NY, 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 May 25, 2010 (People v Bernardez, 73 AD3d 1196), affirming a judgment of the Supreme Court, Westchester County, rendered November 5, 2008.

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).

AUSTIN, J.P., LEVENTHAL, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court