Opinion
2000-00926
September 15, 2003.
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 November 5, 2001 ( People v. Malave, 288 A.D.2d 237), affirming a judgment of the Supreme Court, Queens County, rendered January 7, 2000.
Anthony Malave, Walllkill, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Debra J. Kondel of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Erica Horwitz of counsel), former appellate counsel.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, THOMAS A. ADAMS, 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).
PRUDENTI, P.J., ALTMAN, SCHMIDT and ADAMS, JJ., concur.