People v Cruz, 2020 NY Slip Op 05771 [187 AD3d 932]

October 14, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Eduardo Cruz, Appellant.

Eduardo Cruz, Stormville, NY, appellant pro se.

Madeline Singas, District Attorney, Mineola, NY (Autumn S. Hughes and Yael V. Levy 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 March 23, 2016 ( People v Cruz , 137 AD3d 1158 [2016]), affirming a judgment of the Supreme Court, Nassau County, rendered October 2, 2013.

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., Balkin, Cohen and Barros, JJ., concur..