Opinion
1994-10328
May 27, 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 30, 1997 (People v. Hatzfeld, 240 A.D.2d 758), affirming a judgment of the County Court, Suffolk County, rendered November 16, 1994.
John J. Hatzfeld, Auburn, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Brian J. Counihan 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., ANITA R. FLORIO, WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, 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., FLORIO, FRIEDMANN and MASTRO, JJ., concur.