Opinion
1999-00335
March 3, 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 9, 2001 (People v. Rascoe, 287 A.D.2d 524), affirming a judgment of the Supreme Court, Kings County, rendered January 5, 1999.
Ronald Rascoe, Elmira, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), former appellate counsel.
Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, WILLIAM D. FRIEDMANN, BARRY A. COZIER, 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).
SMITH, J.P., KRAUSMAN, FRIEDMANN and COZIER, JJ., concur.