
    The People of the State of New York, Respondent, v Andre Smith, Appellant.
    [881 NYS2d
   Application by the appellant for a writ of error coram nobis to vacate, on the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated April 17, 2007 (People v Smith, 39 AD3d 773 [2007]), affirming a judgment of the County Court, Westchester County, rendered May 24, 2005.

Ordered that the application is denied.

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, P.J., Santucci, Florio and Miller, JJ., concur.  