People v Davis, 2017 NY Slip Op 06545 [153 AD3d 1362]

September 20, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Daniel Davis, Appellant.

Daniel Davis, Ossining, NY, appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, NY (Karla Lato of counsel), for respondent.

Laurette D. Mulry, Riverhead, NY (Louis E. Mazzola 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 April 24, 2007 ( People v Davis , 39 AD3d 873 [2007]), affirming a judgment of the County Court, Suffolk County, rendered October 28, 2003.

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., Roman, Cohen and Hinds-Radix, JJ., concur..