People v Kruger
2013 NY Slip Op 01855 [104 AD3d 875]
March 20, 2013
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
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), for defendant.

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 a late application for leave to appeal to the Court of Appeals from a decision and order of this Court dated December 1, 2009, affirming a judgment of the County Court, Orange County, 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 afford him the relief requested. Eng, P.J., Dillon, Angiolillo and Miller, JJ., concur.