THE PEOPLE V TIMOTHY J. PACE
Motion No: 296-03
Slip Opinion No: 2011 NY Slip Op 72453(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.


April 29, 2011

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND GREEN, JJ.

MOTION NO. 296-03
KA 99-02239
Indictment No: 97-013

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TIMOTHY J. PACE, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered May 2, 2003 affirming a judgment of Niagara County Court, rendered April 17, 1998,

Now, upon reading and filing the affirmations of Timothy P. Murphy, Esq. dated February 18, 2011 and March 11, 2011, and the statements of Timothy P. Murphy, Esq. dated March 3, 2011 and March 4, 2011, the notice of motion with proof of service thereof, the affirmation of Thomas H. Brandt, Esq. dated March 8, 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