Calvin Battles, Stormville, N.Y., appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Opinion
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 September 15, 2009 (People v. Battles, 65 A.D.3d 1161, 886 N.Y.S.2d 170,
mod. 16 N.Y.3d 54, 917 N.Y.S.2d 601, 942 N.E.2d 1026 ), modifying a judgment of the Supreme Court, Kings County, rendered May 2, 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 U.S. 745, 103 S.Ct. 3308, 77 L.Ed.2d 987 ; People v. Stultz, 2 N.Y.3d 277, 778 N.Y.S.2d 431, 810 N.E.2d 883 ).
ENG, P.J., BALKIN, HALL and SGROI, JJ., concur.