Opinion
No. 1998-01953.
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 May 29, 2001 ( People v Harris, 283 AD2d 656), affirming a judgment of the County Court, Suffolk County, rendered February 24, 1998.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Glenn Green of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III), former appellate counsel.
Before: Mastro, J.P., Rivera, Skelos and Santucci, 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).