Opinion
No. 2004-04546.
September 16, 2008.
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 October 2, 2007 ( People v Licea, 44 AD3d 690), affirming a resentence of the Supreme Court, Kings County, imposed April 20, 2004.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y., former appellate counsel.
Before: Skelos, J.P., Miller, Covello and McCarthy, 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).