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.
The People of the State of New York, Respondent, v. David Pain, Appellant
97 A.D.3d 766947 N.Y.S.2d 907
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