| THE PEOPLE V MARVIN DYE, JR. |
| Motion No: 1340-10 |
| Slip Opinion No: 2013 NY Slip Op 79246(U) |
| Decided on June 28, 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., FAHEY, LINDLEY, AND SCONIERS, JJ.
MOTION NO. 1340-10
KA 09-01555
Indictment No: 2003-253
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V MARVIN DYE, JR., DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered November 12, 2010 affirming a judgment of Niagara County Court, rendered October 14, 2004,
Now, upon reading and filing the affidavit of Marvin Dye, Jr. sworn to April 3, 2013, the notice of motion with proof of service thereof, the affidavit of Nicholas T. Texido, Esq. sworn to May 29, 2013, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: June 28, 2013
Frances E. Cafarell, Clerk