Opinion
2000-07555.
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 June 2, 2003 ( People v. Wells, 306 A.D.2d 296), affirming a judgment of the Supreme Court, Kings County, rendered August 8, 2000.
James Wells, Napanoch, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barbara Lerner of counsel), former appellate counsel.
Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, 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, 2 N.Y.3d 277 [May 4, 2004]).
FLORIO, J.P., KRAUSMAN, GOLDSTEIN and TOWNES, JJ., concur.