| THE PEOPLE V JERMAINE NOWELL |
| Motion No: KA 12-01782 |
| Slip Opinion No: 2012 NY Slip Op 87761(U) |
| Decided on October 17, 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., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.
KA 12-01782
Indictment No: 2005-0987-1
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V JERMAINE NOWELL, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of Onondaga County Court, rendered April 3, 2006,
Now, upon reading and filing the affidavit of Jermaine Nowell sworn to September 7, 2012, the notice of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated September 24, 2012, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the notice of appeal filed in the Onondaga County Clerk's Office on May 4, 2006 is deemed to be timely filed (see People v Syville, 15 NY3d 391 [2010]).
Entered: October 17, 2012
Frances E. Cafarell, Clerk