People v Simmons, 2017 NY Slip Op 01388 [147 AD3d 1085]

February 22, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Derek Simmons, Appellant.

Derek Simmons, Dannemora, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Sharon Y. Brodt, and Roni Piplani 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 May 17, 2011 ( People v Simmons , 84 AD3d 1120 [2011]), affirming a judgment of the Supreme Court, Queens County, rendered November 19, 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 [1983]; People v Stultz , 2 NY3d 277 [2004]). Mastro, J.P., Leventhal, Sgroi and Hinds-Radix, JJ., concur..