MOTION NO. 1648/06 PEOPLE V CLEOTIS MERCER
Motion No: KA 04-02967
Slip Opinion No: 2007 NYSlipOp 83594(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.


November 9, 2007

PRESENT: SCUDDER, P.J., MARTOCHE, CENTRA, AND PINE, JJ.

KA 04-02967
Indictment No: 04-219

MOTION NO. 1648/06

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CLEOTIS MERCER, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered March 16, 2007 affirming a judgment of Oneida County Court entered in the Office of the Clerk of the County of Oneida on November 8, 2004,

Now, upon reading and filing the affidavit of Cleotis Mercer, sworn to September 21, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Steven G. Cox, dated October 2, 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