Opinion
No. 1990-03560.
November 13, 2007.
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 17, 1991 ( People v Johnson, 174 AD2d 695), affirming a judgment of the County Court, Nassau County, rendered December 5, 1986.
Waverly Johnson, Elmira, N.Y., appellant pro se.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Douglas Noll of counsel), for respondent.
Before: Miller, J.P., Schmidt, Crane and Goldstein, JJ., concur.
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 [2004]).