| THE PEOPLE V PETER KING |
| Motion No: KA 00-00750 |
| Slip Opinion No: 2018 NY Slip Op 81987(U) |
| Decided on August 24, 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. |
PRESENT: PERADOTTO, J. P., DEJOSEPH, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
KA 00-00750
Indictment No: 85-1352-001
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V PETER KING,
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 December 15, 1986,
Now, upon reading and filing the affidavits of Peter King sworn to April 21, 2018 and June 24, 2018, the notice of motion with proof of service thereof, the affidavit of David A. Heraty, Esq., sworn to June 21, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted, and the notice of appeal filed on January 15, 1987 at the Erie County Clerk's Office is deemed timely filed and served (see People v Syville, 15 NY3d 391 [2010]).
Entered: August 24, 2018
Mark W. Bennett, Clerk