Opinion
No. 1995-02496.
December 30, 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 October 26, 1998 ( People v Nealy, 254 AD2d 505), modifying a judgment of the County Court, Nassau County, rendered March 2, 1995.
William Nealy, Dannemora, N.Y., appellant pro se.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Lauren Del Giorno of counsel), for Respondent.
Before: Prudenti, P.J., Mastro, Rivera and Spolzino, JJ., concur.
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).