Opinion
2002-07035.
December 19, 2005.
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 June 28, 2004 ( People v. Smith, 8 AD3d 683), affirming a judgment of the County Court, Suffolk County, rendered October 11, 2001.
Before: H. Miller, J.P., Cozier, Goldstein and Mastro, JJ., concur.
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).