Opinion
2013-04-3
Jeffrey Miller, Auburn, N.Y., appellant pro se. Lynn W.L. Fahey, New York, N.Y., former appellate counsel.
Jeffrey Miller, Auburn, N.Y., appellant pro se. Lynn W.L. Fahey, New York, N.Y., former appellate counsel.
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 February 15, 2011 ( People v. Miller, 81 A.D.3d 854, 916 N.Y.S.2d 816), affirming a judgment of the Supreme Court, Kings County, rendered December 6, 2007.
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, 103 S.Ct. 3308, 77 L.Ed.2d 987;People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883).