Opinion
2000-00443
November 12, 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 March 25, 2002 (People v. Martinez, 292 A.D.2d 636, lv denied 98 N.Y.2d 699), affirming a judgment of the Supreme Court, Queens County, rendered December 16, 1999.
Robert Martinez, Dannemora, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Suzanne H. Middleton of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Erica Horowitz of counsel), former appellate counsel.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, BARRY A. COZIER, 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., SMITH, FRIEDMANN and COZIER, JJ., concur.