| THE PEOPLE V DANA GARNER |
| Motion No: KA 12-01240 |
| Slip Opinion No: 2012 NY Slip Op 81589(U) |
| Decided on August 3, 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. |
PRESENT: SCUDDER, P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
KA 12-01240
SCI No: 09-187
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V DANA GARNER, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis and permission to file a late notice of appeal from a judgment of Oneida County Court rendered October 19, 2009,
Now, upon reading and filing the statement of Dana Garner dated June 28, 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 dismissed as unnecessary.
Memorandum: Patrick J. Marthage, Esq. timely filed and served a notice of appeal on October 23, 2009.
Entered: August 3, 2012
Frances E. Cafarell, Clerk