People v Modeste, 2016 NY Slip Op 08093 [144 AD3d 1177]

November 30, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Jose Modeste, Appellant.

Jose Modeste, Ossining, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Jonathan V. Brewer of counsel), for respondent.

Andrew J. Schatkin, Jericho, NY, former appellate counsel (no memorandum filed).

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 9, 1998 ( People v Modeste , 247 AD2d 491 [1998]), affirming a judgment of the Supreme Court, Queens County, rendered December 23, 1993.

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]). Hall, J.P., Sgroi, Maltese and Duffy, JJ., concur..