Opinion
No. 2002-06592.
January 13, 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 December 22, 2003 ( People v Benjamin, 2 NY3d 737), affirming a judgment of the Supreme Court, Queens County, rendered July 11, 2002.
Ivan Benjamin, a/k/a Irvin Benjamin, Warwick, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon E. Brodt, and Ushir Pandit of counsel), for respondent.
Before: Prudenti, P.J., Mastro, Rivera and Miller, 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).