MOTION NO. 984/85 THE PEOPLE V DOMINIC A. BRETTI
Motion No: KA 08-00790
Slip Opinion No: 2008 NYSlipOp 86342(U)
Decided on October 3, 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.


October 3, 2008

PRESENT: SCUDDER, P.J., HURLBUTT, CENTRA, PINE, AND GORSKI, JJ.

KA 08-00790
Indictment No: 81-54

MOTION NO. 984/85

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DOMINIC A. BRETTI, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 20, 1985 affirming a judgment of Herkimer County Court, rendered October 1, 1982, and for other relief,

Now, upon reading and filing the affidavit of Dominic Bretti, sworn to February 28, 2008, April 8, 2008, April 24, 2008, June 10, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Mary M. Iocovozzi, sworn to April 17, 2008 and June 27, 2008, the affirmation of Hannah Stith Long, dated August 1, 2008, and due deliberation having been had thereon,

It is hereby ORDERED that the motion to amend the writ of error coram nobis application is granted to the extent that the amendment is accepted for filing, and

It is further ORDERED that the motion is otherwise denied.

Entered: October 3, 2008

JoAnn M. Wahl, Clerk