SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
September 15, 2009
THE PEOPLE, ETC., RESPONDENT,
GERALD SMITH, 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 February 4, 1985 (People v Smith, 108 AD2d 763), affirming a judgment of the Supreme Court, Kings County, rendered May 7, 1982.
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.
WILLIAM F. MASTRO, J.P., REINALDO E. RIVERA, ROBERT A. SPOLZINO and PETER B. SKELOS, JJ.
(Ind. No. 2495/80)
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).
MASTRO, J.P., RIVERA, SPOLZINO and SKELOS, JJ., concur.
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