Opinion
February 17, 1964
In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, dated June 14, 1963, which denied without a hearing his application to vacate a judgment of the same court, rendered November 17, 1952 after a jury trial, convicting him of assault in the first degree (one count) and assault in the second degree (two counts), and imposing sentence upon him as a prior felony offender. Order affirmed. The basis for the relief sought is that at the time of sentence defendant told the court, in the presence of assigned counsel: "I would love to have an appeal but I have no means. I have no way of doing it, so I have to take it." No notice of appeal was filed. In our opinion, the facts relied upon do not furnish an adequate basis for coram nobis relief ( People v. Kling, 19 A.D.2d 750; People v. Marchese, 19 A.D.2d 728). Beldock, P.J., Ughetta, Kleinfeld, Hill and Hopkins, JJ., concur.