People v Mighty, 2015 NY Slip Op 09122 [134 AD3d 857]

December 9, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Juan Mighty, Appellant.

Juan Mighty, Napanoch, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnette Traill, Sharon Y. Brodt, and Ushir Pandit 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 September 11, 2013 ( People v Mighty , 109 AD3d 841 [2013]), dismissing an appeal from a judgment the Supreme Court, Queens County, rendered July 15, 2010, and modifying an amended judgment of the same court rendered July 28, 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]). Eng, P.J., Dillon, Chambers and Dickerson, JJ., concur..