Opinion
2011-11-1
The PEOPLE, etc., respondent,v.J.C. McCRARY, Jr., appellant.
J.C. McCrary, Jr., Stormville, N.Y., appellant pro se.Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Donald Berk 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 March 23, 2010 ( People v. McCrary, 71 A.D.3d 1049, 896 N.Y.S.2d 876), affirming a judgment of the County Court, Nassau County, rendered January 25, 2010.
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).
PRUDENTI, P.J., SKELOS, BALKIN and SGROI, JJ., concur.