Opinion
No. 2005-03013.
August 25, 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 April 8, 2008 ( People v Donahue, 50 AD3d 820), affirming a judgment of the County Court, Suffolk County, rendered March 7, 2005.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (John M. Dowden of counsel), former appellate counsel.
Before: Santucci, J.P., Florio, Eng and Chambers, 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).