THE PEOPLE V EARL HOWARD
Motion No: 1373-12
Slip Opinion No: 2013 NY Slip Op 95564(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: SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, AND WHALEN, JJ.

MOTION NO. 1373-12
KA 11-00287
Indictment No: 2008-1929

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EARL HOWARD, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 28, 2012, affirming a judgment of Erie County Court, rendered January 4, 2011, and for other relief,

Now, upon reading and filing the affidavit of Earl Howard sworn to September 9, 2013, the notice of motion with proof of service thereof, the affidavit of David Panepinto, Esq. sworn to October 24, 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