THE PEOPLE V ROY B. HIGHSMITH
Motion No: 1102-98
Slip Opinion No: 2013 NY Slip Op 78302(U)
Decided on June 7, 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.


June 7, 2013

PRESENT: SCUDDER, P.J., SMITH, CENTRA, LINDLEY, AND VALENTINO, JJ.

MOTION NO. 1102-98
KA 05-00507
Indictment No: 93-1483-001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

ROY B. HIGHSMITH, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered October 2, 1998 affirming a judgment of Erie County Court, rendered July 12, 1995,

Now, upon reading and filing the affidavit of Roy Highsmith sworn to March 21, 2013, the notice of motion with proof of service thereof, the affidavit of Matthew B. Powers, Esq. sworn to April 11, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 7, 2013

Frances E. Cafarell, Clerk