People v Jose Rossey

People v Jose Rossey

Motion No: 1049

Slip Opinion No: 2006 NYSlipOp 78172

Decided on October 24, 2006

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

The People &c., Appellant, v. Jose Rossey, Respondent.

Application, insofar as treated as a petition for a writ of error coram nobis, dismissed. There is no authority for initiating a writ of error coram nobis in the Court of Appeals (see People v Bond, 93 NY2d 896 [1999]; People v Gibbs, 85 NY2d 1030 [1995]). Application, insofar as treated as a motion for reargument and/ or reconsideration, dismissed as untimely (see Court of Appeals Rules of Practice [22 NYCRR] 500.24[b]).