SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
April 28, 2009
THE PEOPLE, ETC., RESPONDENT,
AURRELLO BARNES, A/K/A ESCALANTE BARNES, 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 December 17, 2001 (People v Barnes, 289 AD2d 413), affirming a judgment and an amended judgment of the Supreme Court, Queens County, both rendered January 7, 2000.
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 HOWARD MILLER, JJ.
(Ind. Nos. 1001/96 and 4183/96)
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 MILLER, JJ., concur.
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