Opinion
No. 2006-08896.
January 25, 2011.
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 February 13, 2008 ( People v Witherspoon, 48 AD3d 599), affirming a judgment of the Supreme Court, Kings County, rendered September 5, 2006.
Billy Witherspoon, Wallkill, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J. Twersky of counsel), for respondent.
Pamela D. Hayes, New York, N.Y., former appellate counsel.
Before: Prudenti, P.J., Mastro, Rivera and Dillon, 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 US 745; People v Stultz, 2 NY3d 277).