People v. Rogers ( 2023 )

People v Rogers (2023 NY Slip Op 05744)

People v Rogers

2023 NY Slip Op 05744

Decided on November 15, 2023

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 November 15, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
HELEN VOUTSINAS
CARL J. LANDICINO, JJ.

2010-01673
(Ind. No. 43/09)

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

v

Darryl Rogers, Jr., appellant.

Darryl Rogers, Jr., Albion, NY, appellant pro se.

William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea 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 April 24, 2012 (People v Rogers, 94 AD3d 1152), determining an appeal from a judgment of the County Court, Dutchess County, rendered February 4, 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., CHAMBERS, VOUTSINAS and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court