Opinion
No. 1998-11361.
June 30, 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 July 9, 2001 ( People v Covington, 285 AD2d 515), affirming a judgment of the Supreme Court, Queens County, rendered December 2, 1998.
John Covington, Auburn, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jill A. Gross-Marks, and Rebecca Height of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.
Before: Prudenti, P.J., Mastro, Rivera and Spolzino, JJ., concur.
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).