Opinion
2000-01656.
Decided June 7, 2004.
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 April 21, 2003 ( People v. Morris, 304 A.D.2d 775), affirming a judgment of the Supreme Court, Queens County, rendered February 2, 2000.
Fitzroy Morris, Stormville, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Michael D. Tarbutton of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), former appellate counsel.
Before: A. GAIL PRUDENTI, P.J., NANCY E. SMITH, HOWARD MILLER, SANDRA L. TOWNES, 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; People v. Stultz, N.Y.3d [May 4, 2004]).
PRUDENTI, P.J., SMITH, H. MILLER and TOWNES, JJ., concur.