People v Smith, 2015 NY Slip Op 09703 [134 AD3d 1137]

December 30, 2015

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Matthew R. Smith, Also Known as Kasiin Ali Bey, Appellant.

Matthew R. Smith, Bay Shore, NY, appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of counsel), for respondent.

Robert C. Mitchell, Riverhead, NY (Adrienne Wallace 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 17, 2015 ( People v Smith , 129 AD3d 997 [2015]), affirming a judgment of the Supreme Court, Suffolk County, rendered February 8, 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]). Rivera, J.P., Cohen, Hinds-Radix and Barros, JJ., concur..