People v Lowery, 2021 NY Slip Op 03055 [194 AD3d 845]

May 12, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Darius Lowery, Appellant.

Darius Lowery, Stormville, NY, appellant pro se.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Nancy Fitzpatrick Talcott, and Roni C. Piplani 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 May 10, 2017 ( People v Lowery , 150 AD3d 890 [2017]), determining an appeal from a judgment of the Supreme Court, Queens County, rendered May 16, 2013.

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, A.P.J., Rivera, Hinds-Radix and Duffy, JJ., concur..