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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN GORDON, Appellant.

Ordered that the application is denied.

In a criminal action, the writ of error of coram nobis lies in this court only to vacate an order determining an appeal on the ground that the defendant was deprived of the effective assistance of appellate counsel (see, People v. Bachert, 69 N.Y.2d 593). In this case the defendant has failed to claim that he was denied the effective assistance of appellate counsel. Mangano, P.J., Thompson, Bracken, Sullivan and Harwood, JJ., concur.

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PEOPLE v. GORDON
(May 26, 1992)