| MOTION NO. 1031/07 PEOPLE V ALFRED MILLER Indictment No: 340/2003 |
| Motion No: KA 04-01029 |
| Slip Opinion No: 2009 NYSlipOp 63451(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: MARTOCHE, J.P., SMITH, PERADOTTO, GREEN, AND PINE, JJ.
KA 04-01029
| MOTION NO. 1031/07 PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V ALFRED MILLER, DEFENDANT-APPELLANT. Indictment No: 340/2003 |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered September 28, 2007 affirming a judgment of Monroe County Court, rendered March 10, 2004,
Now, upon reading and filing the affidavit of Alfred Miller, sworn to December 9, 2008, the notice of motion with proof of service thereof, the affirmation of Patrick H. Fierro, dated December 22, 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