People v Perez, 2015 NY Slip Op 06442 [131 AD3d 492]

August 5, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Wilfredo Perez, Appellant.

Wilfredo Perez, Stormville, N.Y., appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnette Traill, Jeanette Lifschitz, and Ushir Pandit of counsel), for respondent.

Lynn W.L. Fahey, New York, N.Y., 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 July 6, 2004 ( People v Perez , 9 AD3d 376 [2004]), affirming a judgment of the Supreme Court, Queens County, rendered July 24, 2002.

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]). Mastro, J.P., Balkin, Chambers and Maltese, JJ., concur..