| MOTION NO. 960/97 PEOPLE V EVANS SUMMERS (APPEAL NO. 1) |
| Motion No: KA 07-02707 |
| Slip Opinion No: 2008 NYSlipOp 64920(U) |
| Decided on February 1, 2008 |
| 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, CENTRA, AND GREEN, JJ.
KA 07-02707
Indictment No: 94-2746-S01
| MOTION NO. 960/97 PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V EVANS SUMMERS, DEFENDANT-APPELLANT. (APPEAL NO. 1) |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered September 30, 1997 affirming a judgment of Erie County Court entered in the Office of the Clerk of the County of Erie on November 16, 1995,
Now, upon reading and filing the affirmation of Norman P. Effman, dated December 10, 2007, the notice of motion with proof of service thereof, the opposing affidavit of Shawn P. Hennessy, sworn to December 18, 2007, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: February 1, 2008
JoAnn M. Wahl, Clerk