THE PEOPLE V LUIS RIVERA, ALSO KNOWN AS MANUEL BETANCOUR
Motion No: KA 13-01208
Slip Opinion No: 2013 NY Slip Op 82882(U)
Decided on August 14, 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.


August 14, 2013

PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, WHALEN, AND MARTOCHE, JJ.

KA 13-01208
Indictment No: 2009-0754-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

LUIS RIVERA, ALSO KNOWN AS MANUEL BETANCOUR,

DEFENDANT-APPELLANT.


Defendant having moved for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of Supreme Court, Onondaga County rendered April 18, 2011, and for other relief,

Now, upon reading and filing the affidavits of Luis Rivera sworn to June 28, 2013, the notices of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion for coram nobis relief is denied, and

It is further ORDERED that the motion for CPL 460.30 relief is dismissed as untimely.

Entered: August 14, 2013

Frances E. Cafarell, Clerk