| People v Estela, Gilbert |
| Motion No: 2008-10959 |
| Slip Opinion No: 2010 NY Slip Op 78227(U) |
| Decided on July 28, 2010 |
| Appellate Division, Second 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. |
Appellate Division: Second Judicial Department
M104437
E/ct
A. GAIL PRUDENTI, P.J.
PETER B. SKELOS
MARK C. DILLON
RANDALL T. ENG, JJ.
|
2008-10959 The People, etc., respondent, v Gilbert Estela, appellant. (Ind. No. 4527/06)
| DECISION & ORDER ON MOTION |
Motion by the appellant for leave to renew his prior application for a writ of error coram nobis, in effect, to vacate a judgment of the Supreme Court, Kings County, rendered October 1, 2007, so that he may be resentenced nunc pro tunc and file a notice of appeal, on the ground that his attorney failed to file a notice of appeal. The prior application was denied by decision and order of this court dated July 7, 2009.
Upon the papers filed in support of the motion and the papers filed in relation thereto, it is
ORDERED that the motion is denied.
A motion for leave to renew "shall be based upon new facts not offered on the prior motion that would change the prior determination" (CPLR 2221[e][2]) and "shall contain reasonable justification for the failure to present such facts on the prior motion" (CPLR 2221[e][3]). The defendant's motion must be denied, as the new facts he submitted with the motion were not sufficient to change the prior determination.
PRUDENTI, P.J., SKELOS, DILLON and ENG, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court