People v Ohnmacht, David
Motion No: 2005-06008
Slip Opinion No: 2011 NY Slip Op 62100(U)
Decided on January 21, 2011
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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M114412

E/sl

A. GAIL PRUDENTI, P.J.

WILLIAM F. MASTRO

REINALDO E. RIVERA

PETER B. SKELOS, JJ.

2005-06008

The People, etc., plaintiff,

v David Ohnmacht, defendant.

(Ind. No. 02-01390)

DECISION & ORDER ON MOTION

Motion by the defendant for a writ of error coram nobis to vacate a judgment of the County Court, Westchester County, rendered October 31, 2003, in effect, on the ground that trial counsel was ineffective for failing to file a notice of appeal.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

PRUDENTI, P.J., MASTRO, RIVERA and SKELOS, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court