People v Valdiviezo, 2020 NY Slip Op 04495 [186 AD3d 628]

August 12, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Mario Valdiviezo, Appellant.

Mario Valdiviezo, Coxsackie, NY, appellant pro se.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jean M. Joyce 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 13, 2018 ( People v Valdiviezo , 162 AD3d 800 [2018]), affirming a judgment of the Supreme Court, Kings County, rendered April 30, 2015.

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]). Austin, J.P., Roman, LaSalle and Connolly, JJ., concur..