People v Roberts, 2017 NY Slip Op 06384 [153 AD3d 944]

August 30, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Eustacio Roberts, Appellant.

Eustacio Roberts, Stormville, NY, appellant pro se.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Thomas M. Ross of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (Yvonne Shivers 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 May 18, 2016 ( People v Roberts , 139 AD3d 985 [2016]), affirming a judgment of the Supreme Court, Kings County, rendered August 28, 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]). Leventhal, J.P., Roman, Hinds-Radix and Brathwaite Nelson, JJ., concur..