| MOTION NO. 1294/03 PEOPLE V DWIGHT DILBERT |
| Motion No: KA 01-01242 |
| Slip Opinion No: 2007 NYSlipOp 83589(U) |
| Decided on November 9, 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., CENTRA, GREEN, AND PINE, JJ.
KA 01-01242
Indictment No: 99-2132-001
| MOTION NO. 1294/03 PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V DWIGHT DILBERT, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered November 21, 2003 affirming a judgment of Supreme Court entered in the Office of the Clerk of the County of Erie on May 24, 2001,
Now, upon reading and filing the affidavit of Dwight Dilbert, sworn to September 4, 2007, the notice of motion with proof of service thereof, the opposing affidavit of J. Michael Marion, sworn to September 20, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: November 9, 2007
JoAnn M. Wahl, Clerk