Opinion
Motion No: KA 10-01288 Indictment No: 2007-0676C-A
10-26-2011
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. VICTOR GARCIA, DEFENDANT-APPELLANT.
PRESENT: , P.J., SMITH, CENTRA, FAHEY, AND PERADOTTO, JJ.
Defendant having moved for a writ of error coram nobis and for permission to file a late notice of appeal from the judgment of Monroe County Court rendered December 1, 2009,
Now, upon reading and filing the affidavit of Victor Garcia sworn to September 29, 2011, the notice of motion with proof of service thereof, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that the ordering paragraph of the order of this Court entered July 6, 2010 is hereby amended by striking therefrom the date August 5, 2010 and inserting in place thereof the date November 25, 2011 (see People v Sher, 35 NY2d 310), and the motion is otherwise denied.
PATRICIA L. MORGAN, Clerk