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THE PEOPLE, ETC., respondent, v. CHARLES HEMSTREET, appellant.

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).

RITTER, ACTING P.J., FEUERSTEIN, S. MILLER and McGINITY, JJ., concur.

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PEOPLE v. HEMSTREET
(Jan 14, 2002)