| THE PEOPLE V FRANK GARCIA |
| Motion No: 1155-12 |
| Slip Opinion No: 2017 NY Slip Op 40049(U) |
| Decided on December 22, 2017 |
| 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., CENTRA PERADOTTO, CURRAN, AND TROUTMAN, JJ.
MOTION NO. 1155-12
KA 10-00517
Indictment No: 09-01-023
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V FRANK GARCIA,
DEFENDANT-APPELLANT. |
Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 21, 2012 modifying a judgment of Ontario County Court, rendered September 1, 2009,
Now, upon reading and filing the affidavit of Frank Garcia sworn to October 9, 2017, the notice of motion with proof of service thereof, the affidavit of R. Michael Tantillo, Esq. sworn to November 1, 2017, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 22, 2017
Mark W. Bennett, Clerk