Majority
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered' January 5, 1967, which denied the application after a hearing. Order affirmed. In our opinion, the Criminal Term properly confined the hearing to the sole question of pretrial publicity (People v. Sepos, 16 N Y 2d 662 ) and, as to that, appellant failed to demonstrate facts sufficient to warrant the granting of the relief sought (cf. People v. Di Piazza, 24 N Y 2d 342 ; compare People v. Ryan, 28 A D 2d 916 , with People v. Santana, 31 A D 2d 904 , revd. 25 N Y 2d 827 ). Christ, Acting P. J., Rabin, Hopkins, Munder and Latham, JJ., concur.
Cases cited
- People v. Sepos 16 N Y 2d 662 p. 652
- People v. DiPiazza 24 N Y 2d 342 p. 652
- People v. Ryan 28 A D 2d 916 p. 652
- People v. Santana 25 N Y 2d 827 p. 652