| THE PEOPLE V RODNEY MITCHELL |
| Motion No: 971-07 |
| Slip Opinion No: 2013 NY Slip Op 75204(U) |
| Decided on March 15, 2013 |
| 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: SMITH, J.P. CENTRA, FAHEY, LINDLEY, AND VALENTINO, JJ.
MOTION NO. 971-07
KA 06-00423
Indictment No: 2004-1219
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V RODNEY MITCHELL, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered September 28, 2007 affirming a judgment of Supreme Court, Erie County rendered February 9, 2006,
Now, upon reading and filing the affidavit of Rodney Mitchell sworn to January 9, 2013, the notice of motion with proof of service thereof, the affidavit of Matthew B. Powers, Esq. sworn to January 23, 2013, and the statement of Rodney Mitchell dated February 4, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: March 15, 2013
Frances E. Cafarell, Clerk