MOTION NO. 0053/07 PEOPLE V RODERICK FITZGERALD PARDNER
Motion No: KA 04-01131
Slip Opinion No: 2009 NYSlipOp 68315(U)
Decided on March 20, 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.


March 20, 2009

PRESENT: HURLBUTT, J.P., PERADOTTO, GREEN, AND GORSKI, JJ.

KA 04-01131
Indictment No: 2003-0424

MOTION NO. 0053/07

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RODERICK FITZGERALD PARDNER, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered February 2, 2007 affirming a judgment of Supreme Court, Monroe County, rendered March 31, 2004,

Now, upon reading and filing the affidavit of Roderick F. Pardner, sworn to January 12, 2009, the notice of motion with proof of service thereof, the affirmation of Stephen X. O'Brien, dated February 20, 2009, and due deliberation having been had thereon,

It is hereby ORDERED that the motion be and the same hereby is denied.

Entered: March 20, 2009

JoAnn M. Wahl, Clerk