Opinion
No. 2004-10636.
April 7, 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 June 19, 2007 ( People v Allan, 41 AD3d 727), affirming a judgment of the County Court, Suffolk County, rendered August 3, 2004.
Bakhosheq Allan, Wallkill, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Kirk R. Brandt of counsel), former appellate counsel.
Before: Mastro, J.P., Covello, Angiolillo and Dickerson, 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).