| THE PEOPLE V MITCHELL MONTGOMERY |
| Motion No: 1377-01 |
| Slip Opinion No: 2010 NY Slip Op 84825(U) |
| Decided on October 1, 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: SCUDDER, P.J., CARNI, LINDLEY, SCONIERS, AND GREEN, JJ.
MOTION NO. 1377-01
KA 00-02496
Indictment No: 97-1613-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MITCHELL
MONTGOMERY, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered November 9, 2001 affirming a judgment of Supreme Court, Erie County, rendered August 6, 1998,
Now, upon reading and filing the affidavit of Mitchell Montgomery sworn to July 2, 2010, the notice of motion with proof of service thereof, the affidavit of Douglas A. Goerss, Esq. sworn to July 21, 2010, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 1, 2010
Patricia L. Morgan, Clerk