People v Lozada, 2018 NY Slip Op 06032 [164 AD3d 1260]

September 12, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Maximiliano Lozada, Appellant.

Maximiliano Lozada, Dannemora, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and John F. McGoldrick of counsel), for respondent.

Paul Skip Laisure, New York, NY (Lynn W. L. Fahey 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 March 8, 2017 ( People v Lozada , 148 AD3d 826 [2017]), affirming a judgment of the Supreme Court, Queens County, rendered July 22, 2014.

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]). Balkin, J.P., Miller, LaSalle and Barros, JJ., concur..