| THE PEOPLE V DAMION SMITH MOTION NO: 1619/03 THE PEOPLE V DAMION SMITH (APPEAL NO. 2.) |
| Motion No: 1618-03 |
| Slip Opinion No: 2011 NY Slip Op 76395(U) |
| Decided on June 10, 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: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND GREEN, JJ.
MOTION NO. 1618-03
KA 03-00349
Indictment No: 99-2384-001
KA 03-00350
Indictment No: 99-1024-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DAMION
SMITH, DEFENDANT-APPELLANT. (APPEAL NO. 1.) MOTION NO: 1619/03 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V
DAMION SMITH, DEFENDANT-APPELLANT. (APPEAL NO. 2.) |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 31, 2003 affirming a judgment of Supreme Court, Erie County rendered, May 16, 2001, and the order of this Court entered December 31, 2003 modifying a judgment of Supreme Court, Erie County rendered May 16, 2001, and for other relief,
Now, upon reading and filing the affidavits of Damion Smith sworn to January 8, 2011 and the statement of Damion Smith dated January 29, 2011, the notices of motion with
proof of service thereof, the affidavit of Douglas A. Goerss, Esq. sworn to April 21, 2011, and due deliberation having been had thereon,
It is hereby ORDERED that the motions are denied.
Entered: June 10, 2011
Patricia L. Morgan, Clerk