Opinion
1994-02487.
Decided May 3, 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 June 10, 1996 ( People v. Silvels, 228 A.D.2d 527), affirming a judgment of the County Court, Suffolk County, rendered March 7, 1994.
Milton Silvels, Cape Vincent, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marcia R. Kucera of counsel), for respondent.
Alan Polsky, Bohemia, N.Y., former appellate counsel.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ANITA R. FLORIO, 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).
RITTER, J.P., SANTUCCI, ALTMAN and FLORIO, JJ., concur.