| THE PEOPLE V EMARIO C. ALLEN |
| Motion No: 1226-14 |
| Slip Opinion No: 2016 NY Slip Op 87557(U) |
| Decided on September 30, 2016 |
| 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. |
PRESENT: SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, AND SCUDDER, JJ.
MOTION NO. 1226-14
KA 12-01612
Indictment No: 02505-2011
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V EMARIO C. ALLEN,
DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered November 21, 2014 affirming a judgment of Supreme Court, Erie County rendered August 28, 2012,
Now, upon reading and filing the affidavit of Leigh E. Anderson, Esq. sworn to July 22, 2016, the notice of motion with proof of service thereof, the affidavit of David A. Heraty, Esq. sworn to July 28, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: September 30, 2016
Frances E. Cafarell, Clerk