Opinion
2011–11636 Ind. No. 136/10
11-21-2018
The PEOPLE, etc., Respondent, v. Cerious MCCRAY, Appellant.
Cerious McCray, Walkill, NY, appellant pro se. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Cerious McCray, Walkill, NY, appellant pro se.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
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 May 29, 2013 ( People v. McCray, 106 A.D.3d 1110, 965 N.Y.S.2d 615 ), determining an appeal from a judgment of the County Court, Dutchess County, rendered November 29, 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., AUSTIN, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.