THE PEOPLE V EARL STONE
Motion No: 484-97
Slip Opinion No: 2013 NY Slip Op 95576(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, CARNI, LINDLEY, AND VALENTINO, JJ.

MOTION NO. 484-97
KA 04-00304
Indictment No: 94-0719-T01 & 94-1370-00

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

EARL STONE, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered May 30, 1997, affirming a judgment of Erie County Court, rendered January 11, 1996,

Now, upon reading and filing the affidavit of Earl Stone sworn to September 24, 2013, the notice of motion with proof of service thereof, the affidavit of Nicholas T. Texido, Esq. sworn to October 18, 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