People v. Rodas

People v Rodas (2018 NY Slip Op 08039) People v Rodas 2018 NY Slip Op 08039 Decided on November 21, 2018 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 21, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department WILLIAM F. MASTRO, J.P. RUTH C. BALKIN CHERYL E. CHAMBERS JOSEPH J. MALTESE, JJ. 2013-10625 (Ind. No. 97/11) [*1]The People of the State of New York, respondent, v Byron Rodas, appellant. Byron Rodas, Poughkeepsie, 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 September 23, 2015 (People v Rodas, 131 AD3d 1181), affirming a judgment of the County Court, Dutchess County, rendered October 31, 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 US 745; People v Stultz, 2 NY3d 277). MASTRO, J.P., BALKIN, CHAMBERS and MALTESE, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court