People v Kruger

2013 NY Slip Op 01855 [104 AD3d 875]

March 20, 2013

Appellate Division, Second Department

As corrected through Wednesday, April 24, 2013

The People of the State of New York,Plaintiff, v Kevin Kruger, Defendant.

—[*1]Ostrer & Hoovler, P.C., Chester, N.Y. (Benjamin Ostrer of counsel), fordefendant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel),for plaintiff.

Application by the defendant for a writ of error coram nobis seeking leave to file alate application for leave to appeal to the Court of Appeals from a decision and order ofthis Court dated December 1, 2009, affirming a judgment of the County Court, OrangeCounty, rendered March 22, 2007.

Ordered that the application is denied.

Contrary to the defendant's contention, People v Syville (15 NY3d 391 [2010]) does not affordhim the relief requested. Eng, P.J., Dillon, Angiolillo and Miller, JJ., concur.