People v Dunlap, 2015 NY Slip Op 00551 [124 AD3d 795]

January 21, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Anthony Dunlap, Appellant.

Anthony Dunlap, Comstock, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.

Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III 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 May 20, 2008 ( People v Dunlap , 51 AD3d 943 [2008]), affirming a judgment of the Supreme Court, Suffolk County, rendered September 15, 2005.

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]). Dillon, J.P., Dickerson, Chambers and Duffy, JJ., concur..