People v Bernardez, 2017 NY Slip Op 04133 [150 AD3d 1140]

May 24, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Juan R. Bernardez, Appellant.

Juan Bernardez, named herein as Juan R. Bernardez, Stormville, NY, appellant pro se.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (John J. Carmody and Laurie Sapakoff 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 25, 2010 ( People v Bernardez , 73 AD3d 1196 [2010]), affirming a judgment of the Supreme Court, Westchester County, rendered November 5, 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]). Eng, P.J., Leventhal, Austin and Cohen, JJ., concur..