Opinion
No. 2003-03308.
December 2, 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 30, 2007 ( People v Bermudez, 36 AD3d 928), affirming a judgment of the Supreme Court, Queens County, rendered April 4, 2003.
Isaias Bermudez, Attica, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Kristina Sapaskis of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (De Nice Powell of counsel), former appellate counsel.
Before: Spolzino, J.P., Ritter, Miller and Dillon, JJ. concur.
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).