THE PEOPLE V DAYVON UNDERDUE
Motion No: 611-13
Slip Opinion No: 2017 NY Slip Op 92299(U)
Decided on November 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.


November 9, 2017

PRESENT: WHALEN, P.J., PERADOTTO, LINDLEY, CURRAN, AND WINSLOW, JJ.

MOTION NO. 611-13
KA 10-01873
Indictment No: 2009-0679-1

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DAYVON UNDERDUE, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered July 19, 2013 affirming a judgment of Onondaga County Court, rendered January 25, 2010,

Now, upon reading and filing the affidavit of Dayvon Underdue sworn to August 30, 2017, the notice of motion with proof of service thereof, the affirmation of James P. Maxwell, Esq. dated September 14, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: November 9, 2017

Mark W. Bennett, Clerk