THE PEOPLE V DWANE L. COX
Motion No: KA 17-00211
Slip Opinion No: 2018 NY Slip Op 78797(U)
Decided on July 25, 2018
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.


July 25, 2018

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

KA 17-00211
Indictment No: 2015-1097

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DWANE L. COX, 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 Supreme Court, Erie County, rendered April 27, 2016,

Now, upon reading and filing the affidavit of Dwane L. Cox, sworn to June 2, 2018, the notice of motion with proof of service thereof, the statement of Donna A. Milling, Esq., dated July 2, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted, and Timothy P. Murphy, Esq., is hereby directed to file and serve the notice of appeal in accordance with CPL 460.10 on or before August 24, 2018 (see People v Syville, 15 NY3d 391 [2010]).

Entered: July 25, 2018

Mark W. Bennett, Clerk