
    The People of the State of New York, Respondent, v Jua Smith, Appellant.
    [853 NYS2d 892]
   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]). Rivera, J.P., Santucci, Miller and Covello, JJ, concur.  