| THE PEOPLE V JOSE GUTIERREZ |
| Motion No: 779-10 |
| Slip Opinion No: 2011 NY Slip Op 72441(U) |
| Decided on April 29, 2011 |
| 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: CENTRA, J.P., FAHEY, PERADOTTO, AND LINDLEY, JJ.
MOTION NO. 779-10
KA 03-02419
Indictment No: 2002-0223
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V JOSE
GUTIERREZ, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered June 11, 2010 affirming a judgment of Supreme Court, Monroe County rendered May 15, 2003,
Now, upon reading and filing the affidavit of Jose Gutierrez sworn to February 16, 2011, the notice of motion with proof of service thereof, the affirmation of Stephen X. O'Brien, Esq. dated March 18, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: April 29, 2011
Patricia L. Morgan, Clerk