Opinion
No. 2005-11291.
December 8, 2009.
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 14, 2008 ( People v Wesley, 55 AD3d 758), affirming a judgment of the Supreme Court, Queens County, rendered November 15, 2005.
Michael D. Wesley, Ray Brook, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Howard D. McCallum of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.
Before: Prudenti, P.J., Mastro, Angiolillo and Eng, JJ., concur.
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).