September 18, 2013
The People of the State of New York, respondent,
James Sinclair, appellant. Ind. No. 5755/91
James Sinclair, Fallsburg, N.Y., appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Danielle S. Fenn of counsel), for respondent.
Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), former appellate counsel.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, PLUMMER E. LOTT, SANDRA L. SGROI, 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 January 24, 2000 (People v Sinclair, 268 A.D.2d 540), affirming a judgment of the Supreme Court, Queens County, rendered October 30, 1997.
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).
RIVERA, J.P., BALKIN, LOTT and SGROI, JJ., concur.