Majority
p. 593The People of the State of New York, Respondent, v. John Fanning, Appellant. Submitted November 28, 1949; decided December 29, 1949.
p. 594
John Fanning, appellant in person.
Frank S. Hogan, District Attorney (Edgar J. Nathan, 3d, and. Whitman Knapp of counsel), for respondent.
The defendant’s petition does not sufficiently allege a case of fraudulent use of perjured testimony by the prosecuting attorney to warrant relief by a coram nobis proceeding. The order should be affirmed.
Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Bromley, JJ., concur.
Order affirmed. [See 300 N. Y. 677 .]