THE PEOPLE V STEPHEN SIMON, ALSO KNOWN AS "LUCK," -.
Motion No: 293-10
Slip Opinion No: 2010 NY Slip Op 88770(U)
Decided on November 12, 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 12, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, PERADOTTO, LINDLEY, AND GORSKI, JJ.

MOTION NO. 293-10
KA 08-01505
Indictment No: 2007-0950

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

STEPHEN SIMON, ALSO KNOWN AS "LUCK," DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered March 26, 2010 affirming a judgment of Erie County Court, rendered June 11, 2008,

Now, upon reading and filing the affidavit of Stephen Simon sworn to August 5, 2010, the notice of motion with proof of service thereof, the affidavit of Michael J. Hillery, Esq. sworn to August 25, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: November 12, 2010

Patricia L. Morgan, Clerk