THE PEOPLE V SAMUEL L. MC NEAR Indictment No: 3920
Motion No: 1116-99
Slip Opinion No: 2009 NY Slip Op 85814(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., FAHEY, CARNI, AND GREEN, JJ.

MOTION NO. 1116-99
KA 99-00063

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

SAMUEL L. MC NEAR, DEFENDANT-APPELLANT.

Indictment No: 3920


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered October 1, 1999 affirming a judgment of Genesee County Court rendered December 17, 1997,

Now, upon reading and filing the affidavit of Samuel L. McNear, sworn to July 4, 2009, the notice of motion with proof of service thereof, the affirmation of William G. Zickl, dated July 24, 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