Opinion
2001-08767
February 14, 2002.
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 March 6, 1978 (People v. Allen, 61 A.D.2d 1141), affirming a judgment of the County Court, Suffolk County, rendered June 18, 1976.
James D. Allen, Collins, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Guy Arcidiacono of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (George Grun of counsel), former appellate counsel.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, SANDRA J. FEUERSTEIN, CORNELIUS J. O'BRIEN, 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 U.S. 745).
RITTER, J.P., SANTUCCI, FEUERSTEIN and O'BRIEN, JJ., concur.