SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
March 31, 2009
THE PEOPLE, ETC., RESPONDENT,
NOAH SIMMONS, APPELLANT.
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 March 6, 1995 (People v Simmons, 213 AD2d 433), affirming a judgment of the Supreme Court, Kings County, rendered September 11, 1992.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
A. GAIL PRUDENTI, P.J., WILLIAM F. MASTRO, REINALDO E. RIVERA and ROBERT A. SPOLZINO, JJ.
(Ind. No. 7634/91)
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 US 745; People v Stultz, 2 NY3d 277).
PRUDENTI, P.J., MASTRO, RIVERA and SPOLZINO, JJ., concur.
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