People v O’Keefe, 2018 NY Slip Op 00852 [158 AD3d 650]

February 7, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Kenneth O’Keefe, Appellant.

Thomas J. Eoannou, Buffalo, NY, for appellant.

Timothy Sini, District Attorney, Riverhead, NY (Elizabeth Miller 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 24, 2013 ( People v O’Keefe , 105 AD3d 1062 [2013]), affirming a judgment of the County Court, Suffolk County, rendered March 31, 2005.

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., Leventhal, Hall and Hinds-Radix, JJ., concur..