People v Rodriguez, 2019 NY Slip Op 03626 [172 AD3d 908]

May 8, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Juan Rodriguez, Appellant.

Juan Rodriguez, Moravia, NY, appellant pro se.

Madeline Singas, District Attorney, Mineola, NY (Judith R. Sternberg and Hilda Mortenson 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 October 3, 2018 ( People v Rodriguez , 165 AD3d 704 [2018]), affirming a judgment of the Supreme Court, Nassau County, rendered November 16, 2016.

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., Chambers, Roman and Maltese, JJ., concur..