Opinion
1990-05127
March 31, 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 April 26, 1993 (People v. Foust, 129 A.D.2d 718), affirming a judgment of the Supreme Court, Kings County, rendered.
Richard Foust, Alden, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.
Jonathan C. Scott, Smithtown, N.Y., former appellate counsel.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, FRED T. SANTUCCI, MYRIAM J. ALTMAN, 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).
PRUDENTI, P.J., RITTER, SANTUCCI and ALTMAN, JJ., concur.