Opinion
1997-02515
October 27, 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 December 6, 1999 ( People v. Qiang Zheng, 267 A.D.2d 257), affirming a judgment of the Supreme Court, Queens County, rendered March 11, 1997.
Qiang Zheng, Stormville, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, SONDRA MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER ON MOTION
On the court's own motion, it is
ORDERED that its decision and order dated September 15, 2003, in the above-captioned case, erroneously entitled People v. Qi Zhong Lin, is recalled and vacated, and the following decision and order is substituted therefor:
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).
ALTMAN, J.P., SMITH, S. MILLER and SCHMIDT, JJ., concur.