Majority
p. 959The People of the State of New York, Respondent, v Roger McClary, Appellant. [892 NYS2d 786]
The appellant has failed to establish that he was denied the effective assistance of appellate counsel (see Jones v Barnes, 463
p. 960
US 745 [1983]; People v Stultz, 2 NY3d 277 [2004]). Prudenti, EJ., Rivera, Skelos and Fisher, JJ., concur.