MOTION NO. 922.1/05 PEOPLE V MARVIN FORSYTHE
Motion No: KA 05-00889
Slip Opinion No: 2007 NYSlipOp 87357(U)
Decided on December 21, 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.


December 21, 2007

PRESENT: MARTOCHE, J.P., SMITH, LUNN, FAHEY, AND PERADOTTO, JJ.

KA 05-00889
Indictment No: 2005-47

MOTION NO. 922.1/05

PEOPLE OF THE STATE OF NEW YORK, APPELLANT,

V

MARVIN FORSYTHE, DEFENDANT-RESPONDENT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered July 1, 2005 reversing an order of Oneida County Court entered in the Office of the Clerk of the County of Oneida on April 6, 2005,

Now, upon reading and filing the affidavit of Marvin Forsythe, sworn to October 25, 2007, the notice of motion with proof of service thereof, the opposing affirmation of Steven G. Cox, dated November 5, 2007, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: December 21, 2007

JoAnn M. Wahl, Clerk