
    The People of the State of New York, Respondent, v Roger Helenese, Appellant.
    [929 NYS2d 763]
   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., Mastro, Rivera and Dillon, JJ., concur.  