
    The People of the State of New York, Respondent, v Tony Kempsey, Appellant.
    [891 NYS2d 659]
   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, PJ., Mastro, Rivera and Miller, JJ., concur.  