Opinion
No. 2003-00346.
October 16, 2007.
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 September 6, 2005 ( People v Burgess, 21 AD3d 904), affirming a judgment of the Supreme Court, Kings County, rendered July 9, 2002.
Mickeal Burgess, Napanoch, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.
Before: Prudenti, P.J., Spolzino, Krausman and Lifson, 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 [2004]).