Opinion
No. 2007-03255.
February 3, 2009.
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 27, 2008 ( People v Jogie, 51 AD3d 1038), modifying a judgment of the County Court, Nassau County, rendered March 20, 2007.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Ilisa T. Fleischer of counsel), for respondent.
Before: Fisher, J.P., Santucci, Balkin and Belen, JJ.
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).