| MOTION NO. 1850/96 PEOPLE V MARK MITCHELL |
| Motion No: KA 06-01509 |
| Slip Opinion No: 2007 NYSlipOp 83596(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: SCUDDER, P.J., HURLBUTT, GORSKI, AND SMITH, JJ.
KA 06-01509
Indictment No: 91-1228-001
| MOTION NO. 1850/96 PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V MARK MITCHELL, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 30, 2006 affirming a judgment of Supreme Court entered in the Office of the Clerk of the County of Erie on December 1, 1994,
Now, upon reading and filing the statement of Mark Mitchell, August 3, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Raymond C. Herman, sworn to October 4, 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