| THE PEOPLE V DARIUS SMITH |
| Motion No: KA 18-02112 |
| Slip Opinion No: 2018 NY Slip Op 91207(U) |
| Decided on December 10, 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 18-02112
Indictment No: 2015-0902
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V DARIUS SMITH,
DEFENDANT-APPELLANT. |
KA 18-02113
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
V
DARIUS X. SMITH, DEFENDANT-APPELLANT.
Indictment No: 2016-0754
Defendant having moved for a writ of error coram nobis seeking leave to file and serve a late notice of appeal from two judgments of Monroe County Court, both rendered March 22, 2017,
Now, upon reading and filing the affirmations of Danielle C. Wild, Esq., dated September 20, 2018 and November 30, 2018, the notice of motion with proof of service thereof, the affirmation of Leah R. Mervine, Esq., dated November 20, 2018, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: December 10, 2018
MARK W. BENNETT, Clerk