May 22, 2013
The People of the State of New York, respondent,
Xao He Lu, appellant. (Ind. No. 9944/95)
Xao He Lu, Comstock, N.Y., appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Terrence F. Heller of counsel), for respondent.
PETER B. SKELOS, J.P., THOMAS A. DICKERSON, CHERYL E. CHAMBERS, SHERI S. ROMAN, JJ.
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 26, 1999 (People v Xao He Lu, 260 A.D.2d 997), affirming a sentence of the Supreme Court, Kings County, imposed October 25, 1996.
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 U.S. 745; People v Stultz, 2 N.Y.3d 277).
SKELOS, J.P., DICKERSON, CHAMBERS and ROMAN, JJ., concur.