Opinion
August 1, 1961
Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ.
Appeal from an order of the County Court of Chemung County which denied, after a hearing, defendant's application in the nature of a writ of error coram nobis to vacate a judgment of conviction rendered in 1937, on the ground that he was not adequately advised of his right to be represented by counsel and that he was made to enter a plea without sufficient time to consider the charge or to obtain counsel. The Clerk's minutes made specific reference to the fact that the court informed the defendant of his rights and that he waived counsel. The case presented only factual issues and the County Court had ample warrant to resolve them against appellant as it did, by accepting the testimony of the County Clerk and the inferences to be drawn from it and from the documentary evidence, and rejecting the evidence of appellant to the contrary. Order unanimously affirmed.