| THE PEOPLE V SAMUEL T. TOLIVER |
| Motion No: 72-11 |
| Slip Opinion No: 2013 NY Slip Op 79257(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, CARNI, SCONIERS, AND MARTOCHE, JJ.
MOTION NO. 72-11
KA 09-01374
Indictment No: 2007-1196
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V SAMUEL T. TOLIVER, DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered March 25, 2011 affirming a judgment of Erie County Court, rendered June 25, 2009,
Now, upon reading and filing the statements of Samuel R. Toliver dated May 10, 2013, May 13, 2013, and May 20, 2013, the notice of motion with proof of service thereof, the affidavit of Ashley R. Small, Esq. sworn to June 5, 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