| THE PEOPLE V BRIAN BAXTER, JR. |
| Motion No: KA 18-01412 |
| Slip Opinion No: 2018 NY Slip Op 84073(U) |
| Decided on September 19, 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: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.
KA 18-01412
Indictment No: 2015-0174
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V BRIAN BAXTER,
JR., 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, Monroe County rendered January 27, 2016,
Now, upon reading and filing the affidavit of Brian Baxter sworn to August 30, 2018, the notice of motion with proof of service thereof, the affirmation of Stephen X. O'Brien, Esq. dated September 14, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is dismissed as moot.
Entered: September 19, 2018
Mark W. Bennett, Clerk