People v Smith, 2023 NY Slip Op 05521 [221 AD3d 619]

November 1, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Jua Smith, Appellant.

Jua Smith, Comstock, NY, appellant pro se.

Raymond A. Tierney, District Attorney, Riverhead, NY (Kim Marie Carson 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 May 3, 1999 ( People v Smith , 261 AD2d 423 [1999]), affirming a judgment of the County Court, Suffolk County, rendered September 10, 1997.

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]). Maltese, J.P., Christopher, Ford and Love, JJ., concur..