Opinion
No. 2004-10386.
January 29, 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 December 5, 2006 ( People v Nichols, 35 AD3d 508), modifying a judgment of the County Court, Orange County, rendered November 1, 2004.
Dwayne Nichols, Napanoch, N.Y., appellant pro se.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Michael G. Paul, New City, N.Y., former appellate counsel.
Before: Mastro, J.P., Fisher, Florio, Angiolillo and Dickerson, JJ.
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]).