People v. Kovalsky

People v Kovalsky (2019 NY Slip Op 06796)

People v Kovalsky

2019 NY Slip Op 06796

Decided on September 25, 2019

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 September 25, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
JOHN M. LEVENTHAL
SYLVIA O. HINDS-RADIX
FRANCESCA E. CONNOLLY, JJ.

2013-05077
(Ind. No. 98/12)

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

v

Andrew Kovalsky, appellant.

Andrew Kovalsky, Coxsackie, NY, appellant pro se.

William V. Grady, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

Yasmin M. Daley Duncan, Brooklyn, NY, former appellate counsel.

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 November 21, 2018 (People v Kovalsky, 166 AD3d 900), affirming a judgment of the County Court, Dutchess County, rendered April 29, 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; People v Stultz, 2 NY3d 277).

CHAMBERS, J.P., LEVENTHAL, HINDS-RADIX and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court