Opinion
No. 2004-08421.
November 20, 2007.
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 November 28, 2005 ( People v Clark, 23 AD3d 673), affirming a judgment of the Supreme Court, Suffolk County, rendered September 8, 2004.
Rickey Clark, Dannemora, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Del Atwell, Montauk, N.Y., former appellate counsel.
Before: Miller, J.P., Schmidt, Crane and Covello, 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 [2004]).