People v Ceruti, 2019 NY Slip Op 02718 [171 AD3d 941]

April 10, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Timothy Ceruti, Appellant.

Timothy Ceruti, Elmira, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Mariana Zelig of counsel), for respondent.

Paul Skip Laisure, New York, NY (A. Alexander Donn 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 November 4, 2015 ( People v Ceruti , 133 AD3d 610 [2015]), affirming a judgment of the Supreme Court, Queens County, rendered July 5, 2012.

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]). Rivera, J.P., Dillon, Cohen and LaSalle, JJ., concur..