THE PEOPLE V BENJAMIN RIVERA (APPEAL NO. 2.) Indictment No: 0687/88
Motion No: 104-11
Slip Opinion No: 2012 NY Slip Op 86970(U)
Decided on September 28, 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.


September 28, 2012

PRESENT: CENTRA, J.P., CARNI, LINDLEY, AND SCONIERS, JJ.

MOTION NO. 104-11
KA 08-00201

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

BENJAMIN RIVERA, DEFENDANT-APPELLANT.

(APPEAL NO. 2.)

Indictment No: 0687/88


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered March 25, 2011 affirming a judgment of Monroe County Court, rendered July 21, 1989,

Now, upon reading and filing the affidavit of Benjamin Rivera sworn to June 12, 2012, the notice of motion with proof of service thereof, the affirmation of Leslie E. Swift, Esq. dated July 13, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 28, 2012

Frances E. Cafarell, Clerk