THE PEOPLE V WALTER BALL
Motion No: 1060-04
Slip Opinion No: 2017 NY Slip Op 69052(U)
Decided on March 24, 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.


March 24, 2017

PRESENT: SMITH, J.P., CENTRA, CARNI, LINDLEY, AND DEJOSEPH, JJ.

MOTION NO. 1060-04
KA 01-02425
Indictment No: 2000-0610-001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

WALTER BALL, DEFENDANT-APPELLANT.


Defendant having moved to recall and vacate the order of this Court entered October 1, 2004 affirming a judgment of Supreme Court, Erie County, rendered June 7, 2001,

Now, upon reading and filing the affirmations of Louis Rosado, Esq. dated December 28, 2016 and February 15, 2017, the notice of motion with proof of service thereof, the affidavit of Donna A. Milling, Esq. sworn to February 2, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: March 24, 2017

Frances E. Cafarell, Clerk