People v Gabbidon, 2018 NY Slip Op 00565 [157 AD3d 964]

January 31, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Craig E. Gabbidon, Appellant.

Craig E. Gabbidon, Coxsackie, NY, appellant pro se.

William V. Grady, District Attorney, Poughkeepsie, NY (Bridget Rahilly Steller of counsel), for respondent.

Del Atwell, East Hampton, NY, 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 December 2, 2015 ( People v Gabbidon , 134 AD3d 736 [2015]), affirming a judgment of the County Court, Dutchess County, rendered December 23, 2014.

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., Hall, Sgroi and Duffy, JJ., concur..