
    The People of the State of New York, Respondent, v Daryl Kelly, Appellant.
    [892 NYS2d 778]
   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]). Mastro, J.E, Rivera, Skelos and Florio, JJ., concur.  