People v Valerio, 2016 NY Slip Op 03204 [138 AD3d 1153]

April 27, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Moises Valerio, Appellant.

Moises Valerio, Dannemora, NY, appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.

Lynn W. L. Fahey, New York, NY (De Nice Powell 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 February 9, 2010 ( People v Valerio , 70 AD3d 869 [2010]), affirming a judgment of the Supreme Court, Queens County, rendered May 24, 2007.

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]). Dillon, J.P., Leventhal, Dickerson and Roman, JJ., concur..