Opinion
2001-01737
November 3, 2003.
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 24, 2003 (People v. Rishton, 303 A.D.2d 692, lv denied 100 N.Y.2d 642), affirming a judgment of the Supreme Court, Kings County, rendered February 20, 2001.
Sheldon Rishton, Coxsackie, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), former appellate counsel.
Before: FRED T. SANTUCCI, J.P., NANCY E. SMITH, DANIEL F. LUCIANO, 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).
SANTUCCI, J.P., SMITH, LUCIANO and COZIER, JJ., concur.