THE PEOPLE V FRANCIS SMYTHE
Motion No: 1530-94
Slip Opinion No: 2018 NY Slip Op 88839(U)
Decided on November 9, 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.


November 9, 2018

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

MOTION NO. 1530-94
KA 18-01762
Indictment No: 89-0525-001


THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

FRANCIS SMYTHE, DEFENDANT-APPELLANT.


Appellant having moved for a writ of error coram nobis vacating the order of this Court entered December 23, 1994, affirming a judgment of Erie County Court, rendered February 28, 1990, and for other relief

Now, upon reading and filing the affidavits of Francis Smythe sworn to September 7, 2018, the notices of motion with proof of service thereof, the affidavit of Michael J. Hillery, Esq., sworn to October 10, 2018, and due deliberation having been had thereon,

It is hereby ORDERED that the motions are denied.

Entered: November 9, 2018

Mark W. Bennett, Clerk