| MOTION NO. 726/97 PEOPLE V MARCUS SMITH Indictment No: 93/0999 |
| Motion No: KA 00-02844 |
| Slip Opinion No: 2007 NYSlipOp 79847(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., MARTOCHE, GREEN, AND PINE, JJ.
KA 00-02844
| MOTION NO. 726/97 PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARCUS SMITH, DEFENDANT-APPELLANT. Indictment No: 93/0999 |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered July 3, 1997 affirming a judgment of Monroe County Court entered in the Office of the Clerk of the County of Monroe on August 10, 1998,
Now, upon reading and filing the affidavit of Marcus Smith, sworn to June 12, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Margaret A. Jones, dated August 3, 2007, the reply affidavit of Marcus Smith, sworn to August 14, 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