Erwin Jackson, Elmira, N.Y., appellant pro se. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ames C. Grawert of counsel), for respondent.
Joseph DeFelice, Kew Gardens, N.Y., former appellate counsel.

Application by the defendant 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 15, 2009 ( People v. Jackson, 92 A.D.3d 958, 938 N.Y.S.2d 906),affirming a judgment of the County Court, Nassau County, rendered July 30, 2008.

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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987;People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883). SKELOS, J.P., BALKIN, DICKERSON and LEVENTHAL, JJ., concur.