2000-00624 and 2000-00625
December 23, 2002.
Application by the appellant, inter alia, 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 May 28, 2002 (People v. Thomas, 294 A.D.2d 607, lv denied 98 N.Y.2d 702), affirming a judgment of the Supreme Court, Queens County, rendered January 6, 2000, and a resentence of the same court, imposed January 11, 2000.
Derrick Thomas, Stormville, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Kimberley C. Nielsen of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), former appellate counsel.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, SANDRA L. TOWNES, JJ.
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).
FLORIO, J.P., FRIEDMANN, H. MILLER and TOWNES, JJ., concur.