| PEOPLE V ALLEN COBB SCI No: 26255 |
| Motion No: KA 06-03571 |
| Slip Opinion No: 2009 NY Slip Op 76976(U) |
| Decided on June 26, 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., HURLBUTT, MARTOCHE, SMITH, AND CENTRA, JJ.
KA 06-03571
| PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ALLEN COBB,
DEFENDANT-APPELLANT. SCI No: 26255 |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered May 5, 2008, which dismissed the appeal taken from the judgment of Erie County Court, rendered May 30, 2006 on the ground that appellant failed to perfect timely the appeal.
Now, upon reading and filing the statement of Allen Cobb dated May 4, 2009, the notice of motion with proof of service thereof, the opposing affidavit of Matthew B. Powers sworn to May 19, 2009, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: June 26, 2009
Patricia L. Morgan, Clerk