Opinion
2000-10456.
Decided March 22, 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 March 3, 2003 ( People v. Smiley, 303 A.D.2d 425), modifying a judgment of the Supreme Court, Queens County, rendered November 3, 2000.
Ronald Smiley, Stormville, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and William C. Milaccio of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (David L. Duncan and Paul Skip Laisure of counsel), former appellate counsel.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, 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., RITTER, KRAUSMAN and LUCIANO, JJ., concur.