People v McCoy, 2023 NY Slip Op 04778 [219 AD3d 1531]

September 27, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Russell McCoy, Appellant.

Russell McCoy, Ossining, NY, appellant pro se.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy 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 June 25, 2001 ( People v McCoy , 284 AD2d 554 [2001]), affirming a judgment of the Supreme Court, Kings County, rendered January 5, 1999.

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]). Duffy, J.P., Maltese, Christopher and Landicino, JJ., concur..