Opinion
No. 2004-06286.
March 31, 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 17, 2006 ( People v Barnes, 33 AD3d 811), affirming a judgment of the Supreme Court, Kings County, rendered July 13, 2004.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Marie-Claude P. Wrenn-Myers of counsel), for respondents.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), former appellate counsel.
Before: Prudenti, P.J., Rivera, Spolzino and Ritter, 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).