Opinion
09-20-2017
The PEOPLE, etc., respondent, v. Daniel DAVIS, appellant.
Daniel Davis, Ossining, NY, appellant pro se. Thomas J. Spota, District Attorney, Riverhead, NY (Karla Lato of counsel), for respondent. Laurette D. Mulry, Riverhead, NY (Louis E. Mazzola of counsel), former appellate counsel.
Daniel Davis, Ossining, NY, appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, NY (Karla Lato of counsel), for respondent.
Laurette D. Mulry, Riverhead, NY (Louis E. Mazzola 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 April 24, 2007 ( People v. Davis, 39 A.D.3d 873, 835 N.Y.S.2d 311 ), affirming a judgment of the County Court, Suffolk County, rendered October 28, 2003.
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 ).
CHAMBERS, J.P., ROMAN, COHEN and HINDS–RADIX, JJ., concur.