THE PEOPLE V JOHN COLE
Motion No: 1057-13
Slip Opinion No: 2014 NY Slip Op 68330(U)
Decided on March 21, 2014
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.


March 21, 2014

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

MOTION NO. 1057-13
KA 11-02354
Indictment No: 02017-2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

JOHN COLE, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered November 8, 2013, affirming a judgment of Erie County Court, rendered October 11, 2011,

Now, upon reading and filing the affidavit of John Cole sworn to January 8, 2014, the notice of motion with proof of service thereof, the affidavit of David A. Heraty, Esq. sworn to January 22, 2014, and the statement of John Cole dated January 27, 2014, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 21, 2014

Frances E. Cafarell, Clerk