Opinion
2000-09317
November 10, 2003.
Application by the respondent 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 21, 2003 ( People v. Rodriguez, 301 A.D.2d 616), reversing a sentence of the Supreme Court, Suffolk County, imposed September 6, 2000, and remitting the matter to that court for further proceedings consistent with the decision and order.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for appellant.
Alfredo Rodriguez, Riverhead, N.Y., respondent pro se.
Robert C. Mitchell, Riverhead, N.Y. (Monroe A. Semble of counsel), former counsel for the respondent.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the application is denied.
The respondent has failed to establish that he was denied the effective assistance of appellate counsel ( see Jones v. Barnes, 463 U.S. 745).
FLORIO, J.P., KRAUSMAN, ADAMS and CRANE, JJ., concur.