People v Herb, 2015 NY Slip Op 07290 [132 AD3d 696]

October 7, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Corey Herb, Appellant.

Corey Herb, Walkill, N.Y., appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (Mark W. Vorkink 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 October 9, 2013 ( People v Herb , 110 AD3d 829 [2013]), affirming a judgment of the Supreme Court, Kings County, rendered August 17, 2011.

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]). Dillon, J.P., Leventhal, Roman and Cohen, JJ., concur..