People v Xao He Lu
2013 NY Slip Op 03698 [106 AD3d 1036]
May 22, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 26, 2013


The People of the State of New York, Respondent,
v
Xao He Lu, Appellant.

—[*1] Xao He Lu, Comstock, N.Y., appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Terrence F. Heller of counsel), for respondent.

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 26, 1999 (People v Xao He Lu, 260 AD2d 997 [1999]), affirming a sentence of the Supreme Court, Kings County, imposed October 25, 1996.

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]). Skelos, J.P., Dickerson, Chambers and Roman, JJ., concur.