THE PEOPLE V MICHAEL SPIRLES Indictment No: 583B/96
Motion No: 286-02
Slip Opinion No: 2013 NY Slip Op 75232(U)
Decided on April 26, 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.


April 26, 2013

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, AND WHALEN, JJ.

MOTION NO. 286-02
KA 97-05362

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

MICHAEL SPIRLES, DEFENDANT-APPELLANT.

Indictment No: 583B/96


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered May 3, 2002 affirming a judgment of Monroe County Court, rendered June 9, 1997, and for other relief,

Now, upon reading and filing the affidavits of Michael Spirles sworn to January 22, 2013 and February 9, 2013, the notice of motion with proof of service thereof, the affirmation of Stephen X. O'Brien, Esq. dated March 4, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: A party seeking CPL 440.20 motion must move for said relief before the court in which the judgment was entered (see CPL 440.20[1]).

Entered: April 26, 2013

Frances E. Cafarell, Clerk