THE PEOPLE V CHRISTOPHER M. DIAZ
Motion No: 712-08
Slip Opinion No: 2009 NY Slip Op 85792(U)
Decided on October 2, 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.


October 2, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, SMITH, GREEN, AND GORSKI, JJ.

MOTION NO. 712-08
KA 06-00530
Indictment No: 05-218

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

CHRISTOPHER M. DIAZ, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered June 6, 2008 affirming a judgment of Supreme Court, Monroe County rendered December 14, 2005,

Now, upon reading and filing the affidavits of Christopher Diaz sworn to May 25, 2009 and August 6, 2009, the notice of motion with proof of service thereof, the affirmation of Leslie E. Swift dated July 7, 2009, and due deliberation having been had thereon,

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

Entered: October 2, 2009

Patricia L. Morgan, Clerk