Opinion
1998-11362
October 1, 2002.
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 23, 2001 (People v. Brathwaite, 282 A.D.2d 686), affirming a judgment of the Supreme Court, Queens County, rendered December 2, 1998.
Clifford Brathwaite, Comstock, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Anastasia Spanakos of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barbara Lerner of counsel), former appellate counsel.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, NANCY E. SMITH, ROBERT W. SCHMIDT, 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 U.S. 745).
ALTMAN, J.P., FLORIO, SMITH and SCHMIDT, JJ., concur.