THE PEOPLE V SAMUEL MC NEAR Indictment No: 3920
Motion No: 1116-99
Slip Opinion No: 2012 NY Slip Op 78415(U)
Decided on June 29, 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.


June 29, 2012

PRESENT: SCUDDER, P.J., FAHEY, CARNI, LINDLEY, AND SCONIERS, JJ.

MOTION NO. 1116-99
KA 99-00063

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

SAMUEL MC NEAR, DEFENDANT-APPELLANT.

Indictment No: 3920


Appellant having moved for reargument of the order of this Court entered April 20, 2012,

Now, upon reading and filing the affidavit of Samuel McNear sworn to May 15, 2012, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and upon reargument, the writ of error coram nobis motion is denied.

Entered: June 29, 2012

Frances E. Cafarell, Clerk