| MOTION NO. 473/08 THE PEOPLE V MARK L. EMMONS |
| Motion No: KA 05-01523 |
| Slip Opinion No: 2009 NYSlipOp 63440(U) |
| Decided on February 6, 2009 |
| 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., SMITH, CENTRA, PERADOTTO, AND PINE, JJ.
KA 05-01523
Indictment No: 2004-0635-1
| MOTION NO. 473/08 THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, V MARK L. EMMONS, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered April 25, 2008 affirming a judgment of Onondaga County Court, rendered June 22, 2005,
Now, upon reading and filing the affidavit of Mark Emmons, sworn to November 24, 2008, the notice of motion with proof of service thereof, the statement of Mark Emmons, dated December 15, 2008, the opposing affirmation of James P. Maxwell, dated December 8, 2008, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: February 6, 2009
JoAnn M. Wahl, Clerk