Opinion
2000-07015
September 15, 2003.
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 October 28, 2002 ( People v. Pain, 298 A.D.2d 604), affirming a judgment of the Supreme Court, Kings County, rendered June 15, 2000.
David Pain, Elmira, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (M. Chris Fabricant of counsel), former appellate counsel.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, REINALDO E. RIVERA, JJ.
DECISION ORDER
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).
S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.