| MOTION NO. 146/06 PEOPLE V WENCESLAO AYALA |
| Motion No: KA 04-00768 |
| Slip Opinion No: 2007 NYSlipOp 79824(U) |
| Decided on September 28, 2007 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: HURLBUTT, J.P., MARTOCHE, CENTRA, AND PINE, JJ.
KA 04-00768
Indictment No: 0008-2003
| MOTION NO. 146/06 PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V WENCESLAO AYALA, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered March 17, 2006 affirming a judgment of County Court entered in the Office of the Clerk of the County of Erie on March 17, 2004,
Now, upon reading and filing the affidavit of Wenceslao Ayala, sworn to July 10, 2007, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: September 28, 2007
JoAnn M. Wahl, Clerk