
    The People of the State of New York, Respondent, v David Pain, Appellant.
    [947 NYS2d 907]
   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]). Rivera, J.P., Florio, Eng and Lott, JJ., concur.  