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.
*661Application 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 N.Y.3d 391, 912 N.Y.S.2d 477, 938 N.E.2d 910 does not afford him the relief requested.
ENG, P.J., DILLON, ANGIOLILLO and MILLER, JJ., concur.