PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND CARNI, JJ.

KA 12-00753
Indictment No: 02-042
KA 03-00716
Indictment No: 02-042
KA 06-02577
Indictment No: 02-042

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERIC HARRIS, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERIC HARRIS, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V ERIC HARRIS, DEFENDANT-APPELLANT.

Defendant having moved for a writ of error coram nobis seeking leave to take an appeal from a resentence of Seneca County Court, rendered March 7, 2011, and for other relief,

Now, upon reading and filing the affidavit of Eric Harris sworn to November 30, 2012, the notice of motion with proof of service thereof, the affirmation of Barry L. Porsch, Esq. dated December 26, 2012, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that the notice of appeal filed in the Seneca County Clerk's Office on May 13, 2011 and served upon the Seneca County District Attorney on May 5, 2011 is deemed to be timely filed and served (see People v Syville, 15 NY3d 391 [2010]), and

It is further ORDERED that the motion insofar as it seeks consolidation relief is denied with leave to renew upon the filing and serving, and determination of an application seeking leave to appeal as a poor person from the appeal taken from the resentence of Seneca County Court rendered March 7, 2011 (see 22 NYCRR 1000.14).

Entered: January 16, 2013

Frances E. Cafarell, Clerk