Opinion
No. 2006-02551.
January 19, 2010.
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 April 22, 2008 ( People v Berry, 50 AD3d 1047), affirming a judgment of the Supreme Court, Queens County, rendered March 6, 2006.
Robert Berry, Woodbourne, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. John M. Castellano, Nicolettta J. Caferri, and Rebecca Height of counsel), for respondent.
Before: Prudenti, P.J., Rivera, Dillon and Balkin, JJ., concur.
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).