Opinion
No. 2003-10723.
February 5, 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 April 4, 2006 ( People v Menna, 28 AD3d 495), affirming a judgment of the Supreme Court, Kings County, rendered September 19, 2003.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Morgan J. Dennehy of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.
Before: Spolzino, J.P., Ritter, Miller 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 [2004]).