Opinion
October 2, 1961
Appeal by defendant from an order of the County Court, Queens County, dated November 4, 1959, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered October 22, 1937, convicting him, after a jury trial, of robbery in the first degree, grand larceny in the first degree, and assault in the second degree, and sentencing him to serve a term of 10 to 30 years. The application was made on the ground that the District Attorney did not open the case as required by section 388 of the Code of Criminal Procedure. Order affirmed. No opinion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.