THE PEOPLE V MARK MITCHELL
Motion No: 1850-96
Slip Opinion No: 2012 NY Slip Op 68618(U)
Decided on January 31, 2012
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.


January 31, 2012

PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND GORSKI, JJ.

MOTION NO. 1850-96
KA 06-01509
Indictment No: 91-1228-001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MARK MITCHELL, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 30, 1996 affirming a judgment of Supreme Court, Erie County rendered December 1, 1994,

Now, upon reading and filing the affidavit of Mark Mitchell sworn to December 2, 2011, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to December 22, 2011, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: January 31, 2012

Frances E. Cafarell, Clerk