People v Gillespie, 2020 NY Slip Op 04763 [186 AD3d 853]

August 26, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

James Gillespie, Appellant.

James Gillespie, Comstock, NY, appellant pro se.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Mariana Zelig of counsel), for respondent.

Paul Skip Laisure, New York, NY (De Nice Powell 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 July 18, 2012 ( People v Gillespie , 97 AD3d 763 [2012]), affirming a judgment of the Supreme Court, Queens County, rendered September 23, 2010.

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., Leventhal, Cohen and Miller, JJ., concur..