Opinion
97-03589
May 20, 2002.
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 June 12, 2000 (People v. Tong Feng Lu, 273 A.D.2d 327), affirming a judgment of the Supreme Court, Kings County, rendered April 28, 1997.
Tong Feng Lu, Stormville, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (William A. Loeb of counsel), former appellate counsel.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, WILLIAM D. FRIEDMANN, HOWARD MILLER, 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 U.S. 745).
O'BRIEN, J.P., KRAUSMAN, FRIEDMANN and H. MILLER, JJ., concur.