THE PEOPLE V PRESTON SMITH Indictment No: 1378
Motion No: KA 10-01918
Slip Opinion No: 2010 NY Slip Op 86968(U)
Decided on November 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.


November 1, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

KA 10-01918

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

PRESTON SMITH, DEFENDANT.

Indictment No: 1378


Appellant having moved for a writ of error coram nobis on the ground that counsel failed to take an appeal from the judgment of Supreme Court, Monroe County rendered July 6, 1976,

Now, upon reading and filing the statement of Preston Smith filed July 20, 2010 and August 20, 2010, the notice of motion with proof of service thereof, the affirmation of Nicole M. Fantigrossi, Esq. dated October 6, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: November 1, 2010

Patricia L. Morgan, Clerk