People v Rojas
2014 NY Slip Op 00384 [113 AD3d 798]
January 22, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Justin Rojas, Appellant.

[*1] Justin Rojas, Romulus, N.Y., appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), 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 April 17, 2013 (People v Rojas, 105 AD3d 977 [2013]), affirming a judgment of the Supreme Court, Suffolk County, rendered March 3, 2011.

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]). Eng, P.J., Mastro, Dickerson, Lott and Miller, JJ., concur.