Opinion
1996-02541 and 1996-02556
December 23, 2002.
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 16, 2001 (People v. Miller, 282 A.D.2d 621), dismissing an appeal from a judgment of the Supreme Court, Queens County, rendered May 11, 1995, and affirming a judgment of the same court, rendered March 13, 1996.
Marvin Miller, a/k/a Everton Smith, Stormville, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Noreen Healey of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, CORNELIUS J. O'BRIEN, GLORIA GOLDSTEIN, 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., RITTER, O'BRIEN and GOLDSTEIN, JJ., concur.