People v Devaughn, 2015 NY Slip Op 03380 [127 AD3d 1104]

April 22, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Alex Devaughn, Appellant.

Alex Devaughn, Auburn, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Sharon Brodt, and Roni C. Piplani 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 May 31, 2011 ( People v Devaughn , 84 AD3d 1394 [2011]), affirming a judgment of the Supreme Court, Queens County, rendered September 9, 2004.

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., Dillon, Leventhal and Cohen, JJ., concur..