THE PEOPLE V TOBIAS NICKELS
Motion No: 134-07
Slip Opinion No: 2013 NY Slip Op 87826(U)
Decided on September 27, 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.


September 27, 2013

PRESENT: SCUDDER, P.J., FAHEY, LINDLEY, SCONIERS, AND VALENTINO, JJ.

MOTION NO. 134-07
KA 06-00051
Indictment No: 2004-95

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

TOBIAS NICKELS, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered February 2, 2007 affirming a judgment of Steuben County Court, rendered June 13, 2005,

Now, upon reading and filing the affidavits of Timothy W. Hoover, Esq. sworn to July 12, 2013, July 16, 2013, and August 2, 2013, the notice of motion with proof of service thereof, the affidavit of Michael Diprima, Esq. sworn to July 12, 2013, the affidavit of David M. Parks, Esq. sworn to July 12, 2013, affidavit of John C. Tunney, Esq. sworn to July 26, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: September 27, 2013

Frances E. Cafarell, Clerk