People v Roberts, 2021 NY Slip Op 04621 [197 AD3d 512]

August 4, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Derrick Roberts, Also Known as Cypress Roberts, Appellant.

Cypress Roberts, named herein as Derrick Roberts, also known as Cypress Roberts, Dannemora, NY, appellant pro se.

Timothy D. Sini, District Attorney, Riverhead, NY (Guy Arcidiacono of counsel), for respondent.

Laurette D. Mulry, Riverhead, NY (Felice B. Milani 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 December 7, 2016 ( People v Roberts , 145 AD3d 742 [2016]), affirming a judgment of the County Court, Suffolk County, rendered December 18, 2013.

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]). Austin, J.P., Duffy, Brathwaite Nelson and Iannacci, JJ., concur..