People v Whyte, 2019 NY Slip Op 06182 [175 AD3d 573]

August 21, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Kevin Whyte, Appellant.

Kevin Whyte, Napanoch, NY, appellant pro se.

John M. Ryan, Acting District Attorney, Kew Gardens, NY (Christopher J. Blira-Koessler of counsel), for respondent.

Paul Skip Laisure, New York, NY (Melissa S. Horlick 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 November 4, 2002 ( People v Whyte , 299 AD2d 378 [2002]), affirming a judgment of the Supreme Court, Queens County, rendered October 25, 2000.

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., Roman, Cohen and Miller, JJ., concur..