People v. Ayala

• Decision Date: 02 March 2016
• Citation: 25 N.Y.S.3d 889 (Mem),137 A.D.3d 804
• Parties: The PEOPLE, etc., respondent, v. Benjamin AYALA, appellant.
• Court: New York Supreme Court — Appellate Division

137 A.D.3d 804

25 N.Y.S.3d 889 (Mem)

The PEOPLE, etc., respondent,

v.Benjamin AYALA, appellant.

Supreme Court, Appellate Division, Second Department, New York.

March 2, 2016.

Benjamin Ayala, Stormville, N.Y., appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jill Oziemblewski of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.

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 23, 2007 (People v. Ayala, 36 A.D.3d 827, 829 N.Y.S.2d 154 ), affirming a judgment of the Supreme Court, Kings County, rendered January 11, 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 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 ).

CHAMBERS, J.P., AUSTIN, SGROI and DUFFY, JJ., concur.