People v Rucano, 2017 NY Slip Op 02827 [149 AD3d 876]

April 12, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Anthony Rucano, Appellant.

Anthony Rucano, Comstock, NY, appellant pro se.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (A. Alexander Donn 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 July 1, 2015 ( People v Rucano , 130 AD3d 656 [2015]), affirming a judgment of the Supreme Court, Richmond County, rendered January 21, 2011.

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 LaSalle, JJ., concur..