Opinion
October 24, 1967
Defendant purports to appeal from orders of the Supreme Court, New York County, entered December 9 and December 17, 1965, denying without a hearing his motions in the nature of writs of error coram nobis. In 1940 the defendant was sentenced to a judgment of death after conviction of murder in the first degree. The sentence was commuted to life imprisonment. No appeal lies to this court from a denial of coram nobis where the "judgment is of death." Such appeal lies "only directly to the court of appeals" (Code Crim. Pro., § 517, subd. 3) upon the appellant obtaining "a certificate from a judge of the court of appeals granting permission to appeal" (Code Crim. Pro., § 520, subd. 2). On April 18 and May 23, 1966, in fact, pursuant to the cited sections of the code, the defendant sought and was denied permission by Chief Judge DESMOND to appeal from the foregoing orders, it being stated that there was "no question of law presented which ought to be reviewed" by the Court of Appeals. Appeals dismissed.
Concur — Stevens, J.P., Eager, Capozzoli, Tilzer and McNally, JJ.