| MOTION NO. 355/06 PEOPLE V DARRYL STOKES |
| Motion No: KA 04-02388 |
| Slip Opinion No: 2008 NYSlipOp 86373(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., SMITH, PINE, AND GORSKI, JJ.
KA 04-02388
Indictment No: 00070-2003
| MOTION NO. 355/06 PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DARRYL STOKES, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered April 28, 2006 affirming a judgment of Supreme Court, Erie County, rendered September 17, 2004,
Now, upon reading and filing the affidavit of Darryl Stokes, sworn to July 9, 2008, the notice of motion with proof of service thereof, the opposing affidavit of Donna A. Milling, sworn to August 7, 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