THE PEOPLE V AHMIR COLE
Motion No: 1585-09
Slip Opinion No: 2012 NY Slip Op 95169(U)
Decided on December 21, 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.


December 21, 2012

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

MOTION NO. 1585-09
KA 07-02429
Indictment No: 2006-0952

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

AHMIR COLE, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 30, 2009 affirming a judgment of Erie County Court, rendered November 8, 2007,

Now, upon reading and filing the affidavit of Ahmir Cole sworn to October 16, 2012, the notice of motion with proof of service thereof, the affidavit of Matthew B. Powers, Esq. sworn to October 31, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 21, 2012

Frances E. Cafarell, Clerk