Opinion
2012-04-24
The PEOPLE, etc., respondent, v. Dyego FODDRELL, appellant.
Dyego Foddrell, Dannemora, N.Y., appellant pro se. Janet DiFiore, District Attorney, White Plains, N.Y. (William C. Milaccio and Richard Longworth Hecht of counsel), for respondent.
Dyego Foddrell, Dannemora, N.Y., appellant pro se. Janet DiFiore, District Attorney, White Plains, N.Y. (William C. Milaccio and Richard Longworth Hecht of counsel), for respondent.
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 September 29, 2009 ( People v. Foddrell, 65 A.D.3d 1375, 887 N.Y.S.2d 590), affirming a judgment of the Supreme Court, Westchester County, rendered August 24, 2004.
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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883).