Opinion
2014–00156 Ind. No. 1644–12
08-04-2021
The PEOPLE, etc., respondent, v. Derrick ROBERTS, also known as Cypress Roberts, appellant.
Cypress Roberts, named herein as Derrick Roberts, also known as Cypress Roberts, Dannemora, NY, appellant pro se. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent. Laurette D. Mulry, Riverhead, N.Y. (Felice B. Milani of counsel), former appellate counsel.
Cypress Roberts, named herein as Derrick Roberts, also known as Cypress Roberts, Dannemora, NY, appellant pro se.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Felice B. Milani of counsel), former appellate counsel.
LEONARD B. AUSTIN, J.P., COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, 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 December 7, 2016 ( People v. Roberts, 145 A.D.3d 742, 44 N.Y.S.3d 53 ), affirming a judgment of the County Court, Suffolk County, rendered December 18, 2013.
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 ).
AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and IANNACCI, JJ., concur.