People v Rios, 2015 NY Slip Op 07519 [132 AD3d 781]

October 14, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Johnny Rios, Appellant.

Johnny Rios, Comstock, N.Y., appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman 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 June 20, 2012 ( People v Rios , 96 AD3d 978 [2012]), affirming a judgment of the Supreme Court, Kings County, rendered August 26, 2010.

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]). Dillon, J.P., Miller, Maltese and LaSalle, JJ., concur..