
    The People of the State of New York, Respondent, v Marcus Micolo, Appellant.
    [938 NYS2d 462]
   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, A.EJ., Rivera, Skelos and Dillon, JJ., concur.  