THE PEOPLE V NEWNON A. FLAX
Motion No: 1168-89
Slip Opinion No: 2017 NY Slip Op 77196(U)
Decided on June 9, 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.


June 9, 2017

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

MOTION NO. 1168-89
KA 17-00476
Indictment No: 87-0889-001

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

NEWNON A. FLAX, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered November 15, 1989 modifying a judgment of Supreme Court, Erie County, rendered June 17, 1988,

Now, upon reading and filing the affidavit of Newnon A. Flax sworn to April 20, 2017, the notice of motion with proof of service thereof, the affidavit of David A. Heraty, Esq. sworn to May 9, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: June 9, 2017

Frances E. Cafarell, Clerk