MOTION NO. 1648/06 PEOPLE V CLEOTIS MERCER
Motion No: KA 04-02967
Slip Opinion No: 2008 NYSlipOp 86362(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., MARTOCHE, CENTRA, AND PINE, JJ.

KA 04-02967
Indictment No: 04-219

MOTION NO. 1648/06

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CLEOTIS MERCER, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered March 16, 2007 affirming a judgment of Oneida County Court, rendered November 8, 2004,

Now, upon reading and filing the affidavit of Cleotis Mercer, sworn to June 28, 2008, the notice of motion with proof of service thereof, 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