Opinion
April 13, 1965
Order, entered on January 2, 1964, denying an application for a writ of error coram nobis, unanimously modified, on the law, so as to dismiss the proceeding. There is no warrant for a proceeding of this character. Moreover, so long as the defendant does not submit himself to the jurisdiction he is not entitled to seek relief from the court ( People v. Genet, 29 N.Y. 80; see People v. Del Rio, 14 N.Y.2d 165, 169; cf. Allen v. Georgia, 166 U.S. 138).
Concur — Botein, P.J., Breitel, Rabin, McNally and Steuer, JJ.