People v Mercado, 2020 NY Slip Op 04185 [185 AD3d 965]

July 22, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Oscar Mercado, Appellant.

Oscar Mercado, Napanoch, NY, appellant pro se.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jill Oziemblewski and 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 April 19, 2004 ( People v Mercado , 6 AD3d 630 [2004]), affirming a judgment of the County Court, Westchester County, rendered October 29, 2002, as amended January 22, 2003.

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, Maltese and Christopher, JJ., concur..