People v Battles, 2015 NY Slip Op 03174 [127 AD3d 984]

April 15, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Calvin Battles, Appellant.

Calvin Battles, Stormville, N.Y., appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.

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 September 15, 2009 ( People v Battles , 65 AD3d 1161 [2009], mod 16 NY3d 54 [2010]), modifying a judgment of the Supreme Court, Kings County, rendered May 2, 2006.

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]). Eng, P.J., Balkin, Hall and Sgroi, JJ., concur..