Majority
p. 450The People of the State of New York, Respondent, v. Theodore Miller, Appellant.
In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated May 8, 1963, which denied without a hearing his application to vacate a judgment of the County Court, Westchester County, rendered October 31, 1961, on his plea of guilty, convicting him of grand larceny in the second degree and imposing sentence as a second felony offender. Order affirmed. In our opinion, while the court’s failure to invoke the statutory provisions (Code Crim. Pro., § 335-b) constituted a deprivation of a substantial right to which defendant was entitled
p. 451
(People ex rel. Manning v. Fay, 16 N Y 2d 1081 ), coram nobis to correct such error or irregularity does not lie (People v. Levy, 18 A D 2d 1017 ). As to the further issues raised by defendant, concerning which no proof was presented to the County Court, this court can make no present determination as to them (People v. Brown, 18 A D 2d 1102 ).
Beldock, P. J., Christ, Hill, Rabin and Benjamin, JJ., concur.
Cases cited
- Schuman v. Hertz Corp. 16 N Y 2d 1081 p. 451