People v Sepulveda, 2020 NY Slip Op 05058 [186 AD3d 1537]

September 23, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Christopher Sepulveda, Appellant.

John R. Lewis, Sleepy Hollow, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jill Oziemblewski and William C. Milaccio 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 June 3, 2008 ( People v Sepulveda , 52 AD3d 539 [2008]), affirming a judgment of the County Court, Westchester County, rendered July 6, 2004.

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]). Rivera, J.P., Dillon, Iannacci and Christopher, JJ., concur..