Opinion
98-03543
May 24, 1999
March 11, 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 (People v. Musgrove, 261 A.D.2d 640), affirming a judgment of the Supreme Court, Suffolk County, rendered April 16, 1998.
Steven Musgrove, Coxsackie, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (John J. Ribeiro of counsel), for respondent.
DAVID S. RITTER, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, and LEO F. McGINITY, 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 U.S. 745).