| THE PEOPLE V ANTHONY FOSTER |
| Motion No: 238-09 |
| Slip Opinion No: 2010 NY Slip Op 76975(U) |
| Decided on July 2, 2010 |
| 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: MARTOCHE, J.P., FAHEY, GREEN, PINE, AND GORSKI, JJ.
MOTION NO. 238-09
KA 05-01036
Indictment No: 04-856
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ANTHONY
FOSTER, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered February 6, 2009 affirming a judgment of Supreme Court, Monroe County, rendered March 29, 2005,
Now, upon reading and filing the affidavit of Anthony Foster, sworn to May 6, 2010, the notice of motion with proof of service thereof, the affirmation of Stephen X. O'Brien, Esq., dated May 28, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion be and the same hereby is denied.
Entered: July 2, 2010
Patricia L. Morgan, Clerk