People v Newton, 2018 NY Slip Op 05943 [164 AD3d 921]

August 29, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Albert Newton, Appellant.

Albert Newton, Fallsburg, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jonathan K. Yi of counsel), for respondent.

Paul Skip Laisure, New York, NY (Jenin Younes 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 April 12, 2017 ( People v Newton , 149 AD3d 874 [2017]), affirming a judgment of the Supreme Court, Queens County, rendered April 16, 2014.

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]). Leventhal, J.P., Cohen, Hinds-Radix and Connolly, JJ., concur..