People v. Boyce , 28 N.Y.S.3d 338 ( 2016 )

People v Boyce (2016 NY Slip Op 02845)

People v Boyce

2016 NY Slip Op 02845

Decided on April 13, 2016

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 13, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
THOMAS A. DICKERSON
JEFFREY A. COHEN
COLLEEN D. DUFFY, JJ.

2010-06053
(Ind. No. 2908-08)

[*1]The People of the State of New York, respondent,

v

Shawn Boyce, appellant.

Anthony M. Giordano, Ossining, NY, for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Marcia R. Kucera of counsel), for respondent.

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 June 25, 2014 (People v Boyce, 118 AD3d 1016), affirming a judgment of the County Court, Suffolk County, rendered April 19, 2010.

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 US 745; People v Stultz, 2 NY3d 277).

DILLON, J.P., DICKERSON, COHEN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court