Opinion
No. 2008-10959.
July 7, 2009.
Application by the appellant for a writ of error coram nobis, in effect, to vacate a judgment of the Supreme Court, Kings County, rendered October 1, 2007, so that he may be resentenced nunc pro tunc and file a notice of appeal, on the ground that his attorney failed to file a notice of appeal.
Paul S. Brenner, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Jodi L. Mandel of counsel), for respondent.
Before: Prudenti, P.J., Skelos, Dillon and Eng, 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; People v Bachert, 69 NY2d 593; People v Montgomery, 24 NY2d 130).