People v Smith, 2020 NY Slip Op 03419 [184 AD3d 771]

June 17, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Roy Smith, Appellant.

Roy Smith, Napanoch, NY, appellant pro se.

Eric Gonzalez, District Attorney, Brooklyn, NY (Andrew S. Ayala of counsel), for respondent.

Paul Skip Laisure, New York, NY (William Kastin 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 December 12, 2006 ( People v Smith , 35 AD3d 635 [2006]), affirming a judgment of the Supreme Court, Kings County, rendered December 22, 2004.

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]). Scheinkman, P.J., Miller, Maltese and Barros, JJ., concur..