Opinion
2001-02029.
November 28, 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 May 17, 2004 ( People v. Whitehurst, 7 AD3d 738), modifying a judgment of the Supreme Court, Queens County, rendered February 28, 2001.
Eric Whitehurst, Elmira, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y. Brodt, and Ushir Pandit of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (M. Chris Fabricant of counsel), former appellate counsel.
Before: Prudenti, P.J., H. Miller, S. Miller and Luciano, 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).