Opinion
2016–09632 Ind. No. 1485–15
10-03-2018
The PEOPLE, etc., respondent, v. Daniel ZAPATA, appellant.
Daniel Zapata, Coxsackie, NY, appellant pro se. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Caren C. Manzello of counsel), for respondent. Del Atwell, East Hampton, NY, former appellate counsel.
Daniel Zapata, Coxsackie, NY, appellant pro se.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Caren C. Manzello of counsel), for respondent.
Del Atwell, East Hampton, NY, former appellate counsel.
REINALDO E. RIVERA, J.P., JEFFREY A. COHEN, 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 February 21, 2018 ( People v. Zapata, 158 A.D.3d 778, 68 N.Y.S.3d 757 ), affirming a judgment of the County Court, Suffolk County, rendered July 27, 2016.
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 BRATHWAITE NELSON, JJ., concur.