Opinion
2001-00908.
Decided May 17, 2004.
Application by the respondent 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 January 27, 2003 ( People v. Miller, 301 A.D.2d 663, lv denied 99 N.Y.2d 656, cert denied US, 123 S Ct 2655), affirming a judgment of the County Court, Nassau County, rendered January 22, 2001.
Phillip Miller, Romulus, N.Y., appellant pro se.
Denis Dillon, District Attorney, Mineola, N.Y. (Jodi A. Danzig of counsel), for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN, BARRY A. COZIER, 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; People v. Stultz, N.Y.3d [May 4, 2004]).
RITTER, J.P., SANTUCCI, GOLDSTEIN and COZIER, JJ., concur.