John Pitre, Stormville, N.Y., appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel; Matthis Chiroux on the motion), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.
Opinion
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 July 10, 2013 (People v. Pitre, 108 A.D.3d 643, 968 N.Y.S.2d 585), affirming a judgment of the Supreme Court, Kings County, rendered February 17, 2011.
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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883).
DILLON, J.P., CHAMBERS, ROMAN and COHEN, JJ., concur.