Opinion
1999-05124.
Decided February 23, 2004.
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 December 30, 2002 ( People v. Johnson, 300 A.D.2d 677), affirming a judgment of the Supreme Court, Suffolk County, rendered May 11, 1999.
Larry Johnson, Beacon, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), former appellate counsel.
Before: FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, DANIEL F. LUCIANO and 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).
SANTUCCI, J.P., ALTMAN, LUCIANO and SCHMIDT, JJ., concur.