People v Elmore, 2021 NY Slip Op 07553 [200 AD3d 1068]

December 29, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Emmanuel Elmore, Appellant.

Emmanuel Elmore, Comstock, New York, appellant pro se.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Roni C. Piplani, and Charles T. Pollak of counsel), for respondent.

Patricia Pazner, New York, NY (David P. Greenberg 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 September 18, 2019 ( People v Elmore , 175 AD3d 1423 [2019]), affirming a judgment of the Supreme Court, Queens County, rendered March 16, 2017.

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 [1983]; People v Stultz , 2 NY3d 277 [2004]). Mastro, J.P., Maltese, Connolly and Iannacci, JJ., concur..