Opinion
No. 2003-08383.
September 9, 2008.
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 January 13, 2003 ( People v Wahedi, 301 AD2d 541), affirming a judgment of the County Court, Suffolk County, rendered December 16, 1998.
Jonathan I. Edelstein, New York, N.Y., for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), former appellate counsel.
Before: Mastro, J.P., Rivera, Spolzino and Florio, JJ.
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). Mastro, J.P, Rivera, Spolzino and Florio, JJ., concur.