PEOPLE V THOMAS MC FADDEN Indictment No: 432/94
Motion No: 1659-01
Slip Opinion No: 2009 NY Slip Op 92783(U)
Decided on December 30, 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.


December 30, 2009

PRESENT: SCUDDER, P.J., HURLBUTT, PINE, AND GORSKI, JJ.

MOTION NO. 1659-01
KA 99-05058

PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

THOMAS MC FADDEN, DEFENDANT-APPELLANT.

Indictment No: 432/94


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 21, 2001 affirming a judgment of Monroe County Court, rendered October 30, 1998,

Now, upon reading and filing the affidavit of Thomas McFadden, sworn to September 4, 2009, the notice of motion with proof of service thereof, the opposing affirmation of Leslie E. Swift, dated November 5, 2009, and due deliberation having been had thereon,

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

Entered: December 30, 2009

Patricia L. Morgan, Clerk