| MOTION NO. 0086/08 PEOPLE V PHILLIP T. JOHNSON Indictment No: 665/03 |
| Motion No: KA 05-01922 |
| Slip Opinion No: 2008 NYSlipOp 86359(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. |
PRESENT: HURLBUTT, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.
KA 05-01922
| MOTION NO. 0086/08 PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V PHILLIP T. JOHNSON, DEFENDANT-APPELLANT. Indictment No: 665/03 |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered February 1, 2008 affirming a judgment of Supreme Court, Monroe County, rendered February 22, 2005,
Now, upon reading and filing the affidavit of Phillip T. Johnson, sworn to June 6, 2008, the notice of motion with proof of service thereof, the opposing affirmation of Jessica Birkahn Housel, dated July 1, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: October 3, 2008
JoAnn M. Wahl, Clerk