August 7, 2013
The People of the State of New York, respondent,
Nicholas G. Kennedy, appellant. Ind. No. 2154-07
Nicholas G. Kennedy, Otisville, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Stephen N. Preziosi, Smithtown, N.Y., former appellate counsel.
REINALDO E. RIVERA, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, PLUMMER E. LOTT, 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 January 19, 2010 (People v Kennedy, 69 A.D.3d 881), affirming a judgment of the County Court, Suffolk County, rendered April 25, 2008.
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; People v Stultz, 2 N.Y.3d 277).
RIVERA, J.P., DICKERSON, HALL and LOTT, JJ., concur.