Opinion
No. 208 SSM 42.
Decided September 21, 2010.
APPEAL, by permission of the Chief Judge of the Court of appeals, from an order of the Appellate Division of the Supreme Court in the Second Judicial Department, entered August 4, 2009. The Appellate Division denied defendant's application for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, an order of that Court entered January 27, 1997 ( 235 AD2d 548), which had affirmed three judgments of the Supreme Court, Queens County (Arthur J. Cooperman, J.), convicting defendant, upon a jury verdict, of robbery in the first degree (five counts), and an order of that Supreme Court denying defendant's motion to vacate the judgments.
People v Mack, 65 AD3d 558, affirmed.
Muldoon Getz, Rochester ( Gary Muldoon of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens ( Merri Turk Lasky of counsel), for respondent.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed. Defendant has failed to establish that he was denied the effective assistance of appellate counsel ( see People v Borrell, 12 NY3d 365, 369).
Concur: Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.