Opinion
2013-02339 Ind. No. 1341-12.
12-30-2015
The PEOPLE, etc., respondent, v. Matthew R. SMITH, also known as Kasiin Ali Bey, appellant.
Matthew R. Smith, Bay Shore, N.Y., appellant pro se. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent. Robert C. Mitchell, Riverhead, N.Y. (Adrienne Wallace of counsel), former appellate counsel.
Matthew R. Smith, Bay Shore, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Adrienne Wallace 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 June 17, 2015 (People v. Smith, 129 A.D.3d 997, 10 N.Y.S.3d 447), affirming a judgment of the Supreme Court, Suffolk County, rendered February 8, 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).
RIVERA, J.P., COHEN, HINDS–RADIX and BARROS, JJ., concur.