General

The People of the State of New York, Respondent, v. David Garcia, Appellant

118 A.D.3d 721986 N.Y.S.2d 842·New York Supreme Court, Appellate Division·2014·NY

Mastro, J.E, Rivera, Skelos and Dickerson, JJ., concur.

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Opinion

The People of the State of New York, Respondent, v David Garcia, Appellant. [986 NYS2d 842] [MAJORITY] Application by the appellant for a writ of error coram nobis, in effect, to reargue a decision and order of this Court dated June 18, 2001 (.People v Garcia, 284 AD2d 479 [2001]), affirming a judgment of the Supreme Court, Kings County, rendered October 26, 1998. Ordered that the application is dismissed. An application for a writ of error coram nobis may not be used as a substitute for a motion to reargue a decision and order of this Court (see generally People v Gordon, 183 AD2d 915 [1992]; CPL 470.50; Rules of App Div, 2d Dept [22 NYCRR] § 670.6; cf. People v Syville, 15 NY3d 391, 400-401 [2010]; People v Bachert, 69 NY2d 593, 596-600 [1987]). The defendant’s application must therefore be dismissed. Mastro, J.E, Rivera, Skelos and Dickerson, JJ., concur.