Opinion
No. 2004-03491.
August 11, 2009.
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 19, 2007 ( People v Stapleton, 41 AD3d 744), affirming a judgment of the Supreme Court, Queens County, rendered March 11, 2004.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Trail, and Karen Wigle Weiss of counsel), for respondent.
Before: Rivera, J.P., Spolzino, Florio and Angiolillo, 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).