Opinion
No. 2004-10202.
February 3, 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 June 5, 2007 ( People v Billups, 41 AD3d 492), affirming a judgment of the Supreme Court, Kings County, rendered November 4, 2004.
Duane Billups, Ossining, N.Y., appellant pro se. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), former appellate counsel.
Before: Mastro, J.P., Rivera, Miller and Carni, 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).