CITATION: R. v. Vattiata, 2007 ONCA 251

DATE: 20070405

DOCKET: C40912

COURT OF APPEAL FOR ONTARIO

MOLDAVER, GILLESE and LaFORME JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

GASPARE VATTIATA

Appellant

Howard Lastman, amicas curia, for the appellant

Eliott Behar for the respondent

Heard & Endorsed: March 30, 2007

On appeal from the order of Justice Ian Nordheimer of the Superior Court of Justice, sitting as a summary appeal court judge, dated October 14, 2003, dismissing the appeal from conviction by Justice D. G. Hackett of the Ontario Court of Justice, dated August 6, 1998.

APPEAL BOOK ENDORSEMENT

[1] The fresh evidence is irrelevant and therefore inadmissible. We see no error in the reasons of Nordheimer J. The appeal is dismissed.