People v Nieves, 2015 NY Slip Op 03868 [128 AD3d 733]

May 6, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Omar Nieves, Appellant.

Omar Nieves, Stormville, N.Y., appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Claibourne Henry 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 May 27, 2008 ( People v Nieves , 51 AD3d 1042 [2008]), affirming a judgment of the Supreme Court, Kings County, rendered May 11, 2006.

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., Austin, Cohen and Duffy, JJ., concur..