| THE PEOPLE V KEVIN DRAKE |
| Motion No: KA 16-01512 |
| Slip Opinion No: 2016 NY Slip Op 89799(U) |
| Decided on October 25, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 16-01512
Indictment No: 2008-0033 and SCI No: 29662
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V KEVIN DRAKE,
DEFENDANT-APPELLANT. |
Defendant having moved for a writ of error coram nobis seeking leave to file and serve a late notice of appeal from a judgment of Erie County Court, rendered June 30, 2008,
Now, upon reading and filing the affidavit of Kevin Drake sworn to August 15, 2016, the notice of motion with proof of service thereof, the affidavit of Matthew B. Powers, Esq. sworn to September 1, 2016, the affidavit of Mark A. Worrell, Esq. sworn to September 6, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: October 25, 2016
Frances E. Cafarell, Clerk