People v Thomas, 2018 NY Slip Op 06945 [165 AD3d 983]

October 17, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

English Thomas, Appellant.

English Thomas, Dannemora, NY, appellant pro se.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Raffaelina Gianfrancesco and William C. Milaccio 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 4, 2016 ( People v Thomas , 139 AD3d 764 [2016]), affirming a judgment of the Supreme Court, Westchester County, rendered June 3, 2013.

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., Chambers, Roman and Maltese, JJ., concur..