People v Holmes, 2015 NY Slip Op 01666 [125 AD3d 1002]

February 25, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

David Holmes, Appellant.

David Holmes, Woodbourne, N.Y., appellant pro se.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Steven A. Bender of counsel), for respondent.

Salvatore A. Gaetani, White Plains, N.Y., 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 March 29, 2004 ( People v Holmes , 5 AD3d 793 [2004]), affirming a judgment of the Supreme Court, Westchester County, rendered October 30, 2002.

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., Rivera, Sgroi and Hinds-Radix, JJ., concur..