People v Hairston, 2020 NY Slip Op 08119 [189 AD3d 1696]

December 30, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Eryc Hairston, Appellant.

Eryc Hairston, Dannemora, NY, appellant pro se.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (William C. Milaccio 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 December 19, 2018 ( People v Hairston , 167 AD3d 935 [2018]), affirming a judgment of the County Court, Westchester County, rendered August 30, 2016.

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]). Balkin, J.P., Leventhal, Miller and Maltese, JJ., concur..