People v Zapata, 2018 NY Slip Op 06578 [165 AD3d 712]

October 3, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Daniel Zapata, Appellant.

Daniel Zapata, Coxsackie, NY, appellant pro se.

Timothy D. Sini, District Attorney, Riverhead, NY (Caren C. Manzello of counsel), for respondent.

Del Atwell, East Hampton, NY, 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 February 21, 2018 ( People v Zapata , 158 AD3d 778 [2018]), affirming a judgment of the County Court, Suffolk County, rendered July 27, 2016.

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]). Rivera, J.P., Cohen, Hinds-Radix and Brathwaite Nelson, JJ., concur..