Opinion
No. 2008-01853.
December 28, 2010.
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 February 9, 2010 ( People v Dinh, 70 AD3d 848), affirming a judgment of the Supreme Court, Queens County, rendered February 13, 2008.
Vinh Dinh, Malone, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Josette Simmons-McGhee of counsel), for respondent.
Before: Dillon, J.P., Florio, Leventhal and Román, JJ.
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).