Opinion
No. 2004-03690.
September 23, 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 October 2, 2007 ( People v Howell, 44 AD3d 685), modifying a judgment of the Supreme Court, Kings County, rendered March 25, 2004.
Jonathan I. Edelstein, New York, N.Y. (Robert M. Grossman of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.
Before: Prudenti, P.J., Fisher, Dillon and Dickerson, 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).