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 Florio, JJ., concur.
The People of the State of New York, Respondent, v. Frank Vargas, Appellant
82 A.D.3d 1017918 N.Y.S.2d 739
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