People v. Berger

OPINION OF THE COURT

Memorandum.

Application by defendant-appellant for a writ of error coram nobis is denied.

There is no merit to defendant’s claim of ineffective assistance of counsel on the appeal. Appellate counsel made a successful application in this court for leave to ¡proceed upon an abridged record “[flor good cause shown” (22 NYCRR 731.1 [b] [2]). Defendant’s present attorney contends that defendant’s appellate counsel did not read the trial transcript and, as a result of his failure to do so, he overlooked and failed to raise the argument that the lower court should have instructed…