MOTION NO. 1604/06 PEOPLE V WILLIE WHITE, ALSO KNOWN AS CARL MC CLELLAND
Motion No: KA 05-00503
Slip Opinion No: 2007 NYSlipOp 83605(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., HURLBUTT, GORSKI, AND PINE, JJ.

KA 05-00503
Indictment No: 4449-2003

MOTION NO. 1604/06

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

WILLIE WHITE, ALSO KNOWN AS CARL MC CLELLAND,

DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 22, 2006 modifying a judgment of Erie County Court entered in the Office of the Clerk of the County of Erie on November 12, 2004,

Now, upon reading and filing the affidavit of Carl McClelland, sworn to September 28, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Donna A. Milling, sworn to October 10, 2007, the reply affidavit of Carl McClelland, sworn to October 17, 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