Opinion
1999-10278
March 24, 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 February 25, 2002 (People v. Smith, 291 A.D.2d 575), affirming a judgment of the Supreme Court, Kings County, rendered October 26, 1999.
Julio Smith, Dannemora, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Sarah J. Berger of counsel), former appellate counsel.
Before: SONDRA MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, STEPHEN G. CRANE, 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).
S. MILLER, J.P., LUCIANO, SCHMIDT and CRANE, JJ., concur.