| THE PEOPLE V TYWAYNE IVERY |
| Motion No: KA 23-00971 and KA 24-01476 |
| Slip Opinion No: 2024 NY Slip Op 77236(U) |
| Decided on October 21, 2024 |
| 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, LINDLEY, CURRAN, AND BANNISTER, JJ.
KA 23-00971 and KA 24-01476
Indictment No: 2021-0532
Indictment No: 2021-0011
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TYWAYNE
IVERY, DEFENDANT-APPELLANT. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V TYWAYNE IVERY,
DEFENDANT. |
Appellant having moved pursuant to CPL 460.10 (6)for permission to treat the notice of appeal for the appeal taken herein from a judgment of the Monroe County Court, rendered November 17, 2022, as encompassing Indictment No. 2021-0011, or, in the alternative, for a writ of error coram nobis permitting leave to file and serve a notice of appeal for the judgment of the Monroe County Court, rendered November 17, 2022, under Indictment No. 2021-0011,
Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,
It is hereby ORDERED that the motion made pursuant to CPL 460.10 (6) is denied, and
It is further ORDERED that the appeal as to KA 23-00971 is dismissed as untimely, and
It is further ORDERED that the motion for a writ of error coram nobis is granted, and Kathy Manley, Esq., is directed to file and serve the notice of appeal for Indictment No. 2021-0011 in accordance with CPL 460.10 on or before November 20, 2024.
Entered: October 21, 2024
Ann Dillon Flynn
Clerk of the Court