Opinion
No. 2003-02297.
April 29, 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 May 16, 2006 ( People v McClain, 29 AD3d 824), affirming a judgment of the County Court, Orange County, rendered February 28, 2003.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
John P. Savoca, White Plains, N.Y., former appellate counsel.
Before: Prudenti, P.J., Rivera, Santucci and Dillon, 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).