Opinion
2001-08788.
November 15, 2004.
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 May 5, 2003 ( People v. Pemberton, 305 AD2d 430), affirming a judgment of the Supreme Court, Kings County, rendered August 21, 2001.
Before: Prudenti, P.J., Santucci, Smith and Schmidt, 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).