Opinion
March 5, 1962
In a coram nobis proceeding, defendant appeals from an order of the County Court, Kings County, dated July 31, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered December 14, 1943, after a jury trial, convicting him of robbery in the first degree and sentencing him, as a second felony offender, to serve a term of 15 to 60 years. Thereafter, on May 22, 1952, the original sentence was vacated and defendant was resentenced, as a first offender, to serve a term of 10 to 30 years. Order affirmed. The papers on appeal reveal that in 1956 defendant made a similar coram nobis application in the County Court, Kings County; that such prior application was based on the identical claims which defendant now urges on this appeal; and that after a hearing defendant's claims were determined adversely to him and such prior application was denied on June 28, 1956. A comparison of the minutes of that hearing with the petition here reveals that no new or different grounds are now urged in support of the relief sought. Nor do the defendant's present papers reveal the existence of new or additional evidence of sufficient merit or substance bearing on the questions raised. Hence, the court was not required to hold a new hearing ( People v. Sullivan, 4 N.Y.2d 472). Beldock, P.J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.