THE PEOPLE V RICHARD E. AIKEY, JR.
Motion No: 225-12
Slip Opinion No: 2013 NY Slip Op 95556(U)
Decided on December 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.


December 27, 2013

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND SCONIERS, JJ.

MOTION NO. 225-12
KA 09-00903
Indictment No: 08-04-040

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

RICHARD E. AIKEY, JR., DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered April 27, 2012 affirming a judgment of Ontario County Court, rendered October 22, 2008,

Now, upon reading and filing the affidavit of Richard E. Aikey, Jr., sworn to October 26, 2013, the notice of motion with proof of service thereof, the affidavit of James B. Ritts, Esq. sworn to November 5, 2013, and the statement of Richard E. Aikey, Jr., dated November 12, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: December 27, 2013

Frances E. Cafarell, Clerk