SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
January 19, 2010
THE PEOPLE, ETC., RESPONDENT,
ROBERT BERRY, APPELLANT.
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., REINALDO E. RIVERA, MARK C. DILLON and RUTH C. BALKIN, JJ.
(Ind. No. 1636/04)
DECISION & ORDER
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 April 22, 2008 (People v Berry, 50 AD3d 1047), affirming a judgment of the Supreme Court, Queens County, rendered March 6, 2006.
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., RIVERA, DILLON and BALKIN, JJ., concur.
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