Opinion
2002-05821.
Decided June 28, 2004.
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 8, 2003 ( People v. Nieves, 2 A.D.3d 539, lv denied 1 N.Y.3d 599), affirming a judgment of the Supreme Court, Kings County, rendered May 30, 2002.
Carlos Nieves, Dannemora, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), former appellate counsel.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SANDRA L. TOWNES, 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; People v. Stultz, 2 N.Y.3d 377).
RITTER, J.P., FLORIO, TOWNES and COZIER, JJ., concur.