Opinion
Indictment No: 99-042 KA 16-01708 Indictment No: I99-042V
12-07-2016
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DAVID MOSCA, DEFENDANT-APPELLANT.
PRESENT:
Defendant having moved for a writ of error coram nobis seeking leave to file and serve a late notice of appeal from a resentence of Herkimer County Court, rendered June 11, 2002 (KA 16-01707) and a resentence of Herkimer County Court rendered February 7, 2011 (KA 16-01708),
Now, upon reading and filing the affidavit of David Mosca sworn to September 13, 2016, the notice of motion with proof of service thereof, the statement of Joseph M. Cirillo, Esq. dated October 25, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion insofar as it seeks coram nobis relief for the resentence rendered June 11, 2002 is denied, and
It is further ORDERED that George F. Aney, Esq. is directed to serve the notice of appeal dated June 11, 2002 upon the Niagara County District Attorney in accordance with CPL 460.10 on or before January 6, 2017 pursuant to CPL 460.10 (6), and
It is further ORDERED that the motion insofar as it seeks coram nobis relief for the resentence rendered February 7, 2011 is dismissed as unnecessary.
Memorandum: Attorney Cirillo timely filed and served a notice of appeal for the resentence of Herkimer County Court rendered February 7, 2011.
Entered: December 7, 2016
Frances E. Cafarell, Clerk