| MOTION NO. 1265/96 PEOPLE V BERNARD PITTS Indictment No: 283/95 |
| Motion No: KA 01-02087 |
| Slip Opinion No: 2008 NYSlipOp 86365(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: SCUDDER, P.J., MARTOCHE, CENTRA, GREEN, AND PINE, JJ.
KA 01-02087
| MOTION NO. 1265/96 PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V BERNARD PITTS, DEFENDANT-APPELLANT. Indictment No: 283/95 |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered September 27, 1996 affirming a judgment of Monroe County Court, rendered November 3, 1995, and for other relief,
Now, upon reading and filing the affidavits of Bernard Pitts, sworn to April 8, 2008, May 15, 2008, May 20, 2008, May 24, 2008 and June 6, 2008, the notice of motion with proof of service thereof, the opposing affirmations of Nancy Gilligan, dated May 6, 2008 and June 5, 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