People v D’Lucca, 2018 NY Slip Op 05486 [163 AD3d 989]

July 25, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Robert D’Lucca, Appellant.

Jesus M. Jova, named herein as Robert D’Lucca, Wallkill, NY, appellant pro se.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Slevin 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 October 6, 1997 ( People v D’Lucca , 243 AD2d 487 [1997]), determining an appeal from a judgment of the Supreme Court, Kings County, rendered December 19, 1994.

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]). Mastro, J.P., Roman, Hinds-Radix and Duffy, JJ., concur..