Opinion
KA 16-01000 Indictment No: 2013-1950
07-05-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ASAD R. HIXON, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved for a writ of error coram nobis seeking leave to file a late notice of appeal from a judgment of Erie County Court, rendered December 5, 2014,
Now, upon reading and filing the affidavit of Asad Hixon, sworn to May 10, 2016, the notice of motion with proof of service thereof, the affirmation of Paul G. Dell, Esq. filed July 1, 2016, the affidavit of Daniel J. Punch, Esq. sworn to June 23, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the notice of appeal dated December 5, 2014 which inaccurately lists indictment number 01950-2014 shall be treated as valid as to the judgment of Erie County Court rendered December 5, 2014 for indictment number 2013-1950 pursuant to CPL 460.10(6), and
It is further ORDERED that the motion is dismissed as unnecessary.
Memorandum: Paul G. Dell, Esq. timely filed and served a notice of appeal on December 19, 2014.
Entered: July 5, 2016
Frances E. Cafarell, Clerk