Opinion
2000-10102.
Decided March 15, 2004.
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 24, 2003 ( People v. Auguste, 302 A.D.2d 601), affirming a judgment of the Supreme Court, Queens County, rendered October 17, 2000.
Eleutherius Auguste, Attica, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Elaine E. Oh of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), former appellate counsel.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, THOMAS A. ADAMS, 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).
ALTMAN, J.P., FLORIO, H. MILLER and ADAMS, JJ., concur.