Opinion
October 24, 1967
Application, pursuant to CPLR 7002 (subd. [b], par. 2) for a writ of habeas corpus denied as insufficient on its face. If so advised, petitioner may institute a coram nobis proceeding in Ulster County Court to determine the question whether he was prevented by assigned trial counsel from filing timely notice of appeal ( People v. Lyall, 26 A.D.2d 960). Gibson, P.J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.