Opinion
1995-09352
October 14, 2003.
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 9, 1997 (People v. Burnett, 240 A.D.2d 509), affirming a judgment of the Supreme Court, Queens County, rendered September 18, 1995.
James Burnett, a/k/a James Smith, Malone, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Jessica L. Melton of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), former appellate counsel.
Before: A. GAIL PRUDENTI, P.J., ANITA R. FLORIO, SONDRA MILLER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the application is denied.
The appellant failed to establish that he was denied the effective assistance of appellate counsel (see Jones v. Barnes, 463 U.S. 745).
PRUDENTI, P.J., FLORIO, S. MILLER and GOLDSTEIN, JJ., concur.