Opinion
2000-04913
November 4, 2002.
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 June 3, 2002 (People v. Andujar, 295 A.D.2d 1022), affirming a sentence of the Supreme Court, Suffolk County, imposed May 5, 2000.
Esteban Andujar, Dannemora, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), former appellate counsel.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, NANCY E. SMITH, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, 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).
RITTER, J.P., SANTUCCI, SMITH, FRIEDMANN and ADAMS, JJ., concur.