People v Ayala, 2016 NY Slip Op 01502 [137 AD3d 804]

March 2, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Benjamin Ayala, Appellant.

Benjamin Ayala, Stormville, NY, appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (Barry Stendig 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 January 23, 2007 ( People v Ayala , 36 AD3d 827 [2007]), affirming a judgment of the Supreme Court, Kings County, rendered January 11, 2005.

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]). Chambers, J.P., Austin, Sgroi and Duffy, JJ., concur..