| People v Almestica |
| 2004 NY Slip Op 06653 [10 AD3d 693] |
| September 20, 2004 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Juan Almestica, Appellant. |
—[*1]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 November 26, 2001 (People v Almestica, 288 AD2d 483 [2001]), affirming a judgment of the County Court, Westchester County, rendered December 21, 1999.
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 US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]). Prudenti, P.J., Ritter, Santucci and H. Miller, JJ., concur.