Opinion
Argued October 28, 1963
Decided November 21, 1963
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HYMAN KORN, J.
William G. Dakin and F. Bosley Crowther, III, for appellant.
Isidore Dollinger, District Attorney ( Walter E. Dillon of counsel), for respondent.
Order affirmed. While a denial of coram nobis relief is not res judicata as to a subsequent petition on the same grounds, the question whether to entertain such an application is ordinarily one of discretion ( Matter of Bojinoff v. People, 299 N.Y. 145; People v. Martine, 303 N.Y. 789). Even when new or additional evidence is claimed to have been found, the decision whether or not to hold a hearing on the new application is an exercise of judicial discretion ( People v. Sullivan, 4 N.Y.2d 472). In the present instance there was no abuse of this discretion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.