Opinion
1998-03120
April 7, 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 May 17, 1999 (People v. Hernandez, 261 A.D.2d 556), affirming a judgment of the Supreme Court, Queens County, rendered March 20, 1998.
Rene Hernandez, Malone, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Jessica L. Melton of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Michelle Mogal of counsel), former appellate counsel.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, FRED T. SANTUCCI, ROBERT W. SCHMIDT, 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 SCHMIDT, JJ., concur.