People v. Hernandez

• Decision Date: 26 October 1998
• Citation: 679 N.Y.S.2d 835,254 A.D.2d 498
• Parties: 1998 N.Y. Slip Op. 9376 The PEOPLE, etc., Respondent, v. Jose HERNANDEZ a/k/a Allen Gonzalez, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 835

679 N.Y.S.2d 835

1998 N.Y. Slip Op. 9376

The PEOPLE, etc., Respondent, v. Jose HERNANDEZ a/k/a Allen Gonzalez, Appellant.

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

Oct. 26, 1998.

Jose Hernandez, Dannemora, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Adam D. Perlmutter 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 June 30, 1997 (People v. Hernandez, 240 A.D.2d 759, 660 N.Y.S.2d 1004), affirming a judgment of the Supreme Court, Queens County, rendered October 19, 1994.

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).

THOMPSON, J.P., JOY, ALTMAN and FLORIO, JJ., concur.