People v Lucas
2012 NY Slip Op 01619 [92 AD3d 958]
February 28, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 28, 2012


The People of the State of New York, Respondent,
v
Adalberto Lucas, Appellant.

[*1] Adalberto Lucas, Fishkill, N.Y., appellant pro se.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

Diane E. Selker, Peekskill, N.Y., former appellate counsel.

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 October 14, 2008 (People v Lucas, 55 AD3d 753 [2008]), affirming a judgment of the County Court, Rockland County, rendered June 19, 2007.

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 [1983]; People v Stultz, 2 NY3d 277 [2004]). Rivera, J.P., Angiolillo, Florio and Chambers, JJ., concur.