People v Moreau, 2015 NY Slip Op 08858 [134 AD3d 737]

December 2, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Emile Moreau, Appellant.

Emile Moreau, Stormville, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Nicoletta J. Caferri, and Nancy Fitzpatrick Talcott of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), former appellate counsel.

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 November 8, 2006 ( People v Moreau , 34 AD3d 499 [2006]), affirming a judgment of the Supreme Court, Queens County, rendered March 9, 2004.

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]). Rivera, J.P., Dickerson, Miller and Maltese, JJ., concur..