Opinion
2003-04949.
June 20, 2006.
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 February 28, 2006 ( People v. Rios, 26 AD3d 521), affirming a judgment of the Supreme Court, Queens County, rendered May 22, 2003.
Oscar Rios, Dannemora, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (M. Chris Fabricant of counsel), former appellate counsel.
Before: Miller, J.P., Mastro, Fisher and Lunn, 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).