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, EJ., Rivera, Dillon and Balkin, JJ, concur.
The People of the State of New York, Respondent, v. Robert Berry, Appellant
69 A.D.3d 870892 N.Y.S.2d 782
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