| MOTION NO. 1529/04 PEOPLE V JAMES CUNNINGHAM |
| Motion No: KA 02-01712 |
| Slip Opinion No: 2007 NYSlipOp 79830(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: SCUDDER, P.J., GORSKI, SMITH, CENTRA, AND GREEN, JJ.
KA 02-01712
Indictment No: 2001-2186-001
| MOTION NO. 1529/04 PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JAMES CUNNINGHAM, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 30, 2004 modifying a judgment of Erie County Court entered in the Office of the Clerk of the County of Erie on September 18, 2002,
Now, upon reading and filing the affidavit of James Jerome Cunningham, sworn to July 2, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Donna A. Milling, sworn to July 17, 2007, 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