Opinion
No. 2004-03188.
February 13, 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 3, 2006 ( People v Aller, 33 AD3d 621), affirming a judgment of the Supreme Court, Queens County, rendered March 24, 2004.
Robert DiDio, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and William H. Branigan of counsel), for respondent.
Before: Prudenti, P.J., Mastro, Spolzino and Covello, 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 [2004]).