
    The People of the State of New York, Respondent, v Robert Berry, Appellant.
    [892 NYS2d 782]
   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, EJ., Rivera, Dillon and Balkin, JJ, concur.  