SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
October 27, 2009
THE PEOPLE, ETC., RESPONDENT,
ANTHONY FOSTER, 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 October 17, 2006 (People v Foster, 33 AD3d 814), affirming a judgment of the Supreme Court, Westchester County, rendered June 15, 2004.
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, MARK C. DILLON & HOWARD MILLER, JJ.
(Ind. No. 03-00928)
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, DILLON and MILLER, JJ., concur.
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