Opinion
No. 1998-04394.
January 12, 2010.
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 September 24, 2001 ( People v Kempsey, 286 AD2d 780), affirming a judgment of the Supreme Court, Queens County, rendered April 22, 1998.
Tony Kempsey, Sonyea, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.
Before: Prudenti, P.J., Mastro, Rivera and Miller, 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).