Opinion
June 29, 1961
Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ.
Appeal from an order of the County Court of Albany County which denied, without a hearing, defendant's application in the nature of a writ of error coram nobis to vacate a judgment of conviction of murder in the second degree upon a plea of guilty, after indictment for murder in the first degree, defendant now contending that he was then insane. The evidence adduced upon psychiatric examinations made at the time was to the contrary and warranted the denial of the application. ( People v. Smyth, 3 N.Y.2d 184.) Order unanimously affirmed.