MOTION NO. 825/97 PEOPLE V SAMMY L. SWIFT Indictment No: 94/91
Motion No: KA 03-02565
Slip Opinion No: 2007 NYSlipOp 79849(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.


September 28, 2007

PRESENT: SCUDDER, P.J., GORSKI, GREEN, AND PINE, JJ.

KA 03-02565

MOTION NO. 825/97
PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V
SAMMY L. SWIFT, DEFENDANT-APPELLANT.
Indictment No: 94/91

Appellant having moved for a writ of error coram nobis vacating the order of this Court entered July 3, 1997 affirming a judgment of Cayuga County Court entered in the Office of the Clerk of the County of Cayuga on June 30, 1995,

Now, upon reading and filing the affidavit of Sammy L. Swift, sworn to August 7, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Christopher T. Valdina, sworn to August 27, 2007, the reply affidavit of Sammy L. Swift, sworn to August 30, 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