Opinion
No. 2006-00950.
December 23, 2008.
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 26, 2007 ( People v Tineo, 41 AD3d 876), affirming a judgment of the Supreme Court, Suffolk County, rendered January 9, 2006.
Michael Tineo, Ossining, N.Y., appellant pro se.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for Respondent.
Before: Mastro, J.P., Rivera, Skelos and Balkin, 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).