Opinion
Argued February 10, 1983
Decided March 22, 1983
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, AARON GOLDSTEIN, J.
David Segal for appellant.
Elizabeth Holtzman, District Attorney ( Debra W. Petrover and Barbara D. Underwood of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Because defendant failed to submit an affidavit from the attorney who represented him at plea and sentence or offer an explanation of his failure to do so, it cannot be said that as to defendant's failure to appeal the coram nobis Judge erred in denying the application without a hearing ( People v Scott, 10 N.Y.2d 380). The other bases advanced for vacating the judgment clearly could have been raised on appeal, had one been taken (see CPL 440.10, subd 2, par [c]).
Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS concur.
Order affirmed in a memorandum.