THE PEOPLE V DORIAN FACEN SCI Nos: 17106 and 17107
Motion No: 1424-1426-09
Slip Opinion No: 2010 NY Slip Op 92266(U)
Decided on December 30, 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.


December 30, 2010

PRESENT: MARTOCHE, J.P., SMITH, CARNI, AND PINE, JJ.

MOTION NO. 1424-1426-09
KA 08-01903, KA 08-01904 AND KA 08-01905
Indictment No: 98-2497

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DORIAN FACEN, DEFENDANT-APPELLANT.

SCI Nos: 17106 and 17107


Appellant having moved for a writ of error coram nobis vacating the orders of this Court entered November 20, 2009 affirming the judgments of Erie County Court, rendered August 18, 1999,

Now, upon reading and filing the affidavit of Dorian Facen sworn to July 25, 2010, the notice of motion with proof of service thereof, the affidavit of Michael J. Hillery, Esq. sworn to August 18, 2010, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 30, 2010

Patricia L. Morgan, Clerk