Opinion
1999-11537.
December 29, 2003.
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 January 29, 2001 ( People v. Pena, 279 A.D.2d 639), affirming a judgment of the Supreme Court, Richmond County, rendered November 24, 1999.
Manuel Pena, Dannemora, N.Y., appellant pro se.
William L. Murphy, District Attorney, Staten Island, N.Y. (Daniela Conti Maiorana of counsel), for respondent.
Before: LEO F. McGINITY and ROBERT W. SCHMIDT, 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., S. MILLER, McGINITY and SCHMIDT, JJ., concur.