| PEOPLE V PHILLIP T. JOHNSON |
| Motion No: KA 06-00275 |
| Slip Opinion No: 2008 NYSlipOp 79072(U) |
| Decided on July 24, 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: SMITH, J.P., CENTRA, FAHEY, GREEN, AND GORSKI, JJ.
KA 06-00275
Indictment No: 00119-2005
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V PHILLIP T.
JOHNSON, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis, and for other relief,
Now, upon reading and filing the affidavit of Phillip T. Johnson, sworn to June 23, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Matthew B. Powers, sworn to July 9, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Memorandum: The appeal remains pending inasmuch as the People have not filed a motion to dismiss the appeal pursuant to 22 NYCRR 1000.12(a).
Entered: July 24, 2008
JoAnn M. Wahl, Clerk