| MOTION NO. 1850/96 PEOPLE V MARK MITCHELL |
| Motion No: KA 06-01509 |
| Slip Opinion No: 2008 NYSlipOp 90339(U) |
| Decided on November 14, 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., HURLBUTT, SMITH, AND GORSKI, JJ.
KA 06-01509
Indictment No: 91-1228-001
| MOTION NO. 1850/96 PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V MARK MITCHELL, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 30, 1996 affirming a judgment of Supreme Court, Erie County, rendered December 1, 1994, and for other relief,
Now, upon reading and filing the statement of Mark Mitchell, dated April 10, 2008, June 23, 2008 and June 30, 2008, and affidavit of Mark Mitchell, sworn to August 28, 2008 and September 2, 2008, the notices of motion with proof of service thereof, the opposing affidavits of Raymond C. Herman, sworn to June 6, 2008 and August 8, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: November 14, 2008
JoAnn M. Wahl, Clerk