Opinion
1997-05368
June 9, 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 August 26, 2002 (People v. Hernandez, 297 A.D.2d 389), affirming a judgment of the Supreme Court, Kings County, rendered May 12, 1997.
Frankie Hernandez, Comstock, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Dahlia O'Brien of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), former appellate counsel.
Before: FRED T. SANTUCCI, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, SANDRA L. TOWNES, 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).
SANTUCCI, J.P., S. MILLER, GOLDSTEIN and TOWNES, JJ., concur.