Opinion
1991-06181, 1991-08139, 1993-08816.
Decided May 3, 2004.
Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, (1) a decision and order of this court dated October 12, 1993 ( People v. Dell'Orfano, 197 A.D.2d 587), modifying a judgment of the Supreme Court, Suffolk County, rendered March 7, 1989, and affirming an order of the same court dated June 4, 1991, and (2) a decision and order of this court dated July 10, 1995 ( People v. Dell'Orfano, 217 A.D.2d 588), affirming an amended sentence of the Supreme Court, Suffolk County, imposed November 23, 1993.
John Dell'Orfano, Napanoch, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), former appellate counsel.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
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).
RITTER, J.P., SANTUCCI, ALTMAN and FLORIO, JJ., concur.