Opinion
March 15, 1971
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated April 29, 1970, which denied the application after a hearing. Order affirmed. The ground upon which appellant brought the proceeding is that he was not informed of his right to appeal as a poor person from the judgment of conviction in question. After the hearing, the Criminal Term found, inter alia, that appellant in fact had been advised of his right to appeal at the time of his conviction in 1946 and that the credible evidence did not support his claim of indigency at that time. We agree that appellant failed to sustain his burden of proof (see People v. Fuentes, 26 N.Y.2d 789). Hopkins, Acting P.J., Munder, Christ, Brennan and Benjamin, JJ., concur.