Opinion
November 19, 1968
Appeal from an order of Supreme Court, New York County, entered April 7, 1967, denying without a hearing a motion in the nature of a writ of error coram nobis, is dismissed. Appellant was sentenced to death upon his conviction of murder, first degree, in June, 1940. The conviction was affirmed. ( People v. Keolo, 284 N.Y. 381.) The sentence was commuted to life imprisonment. No appeal lies to this court from a denial of coram nobis where the "judgment is of death". Such appeal lies only directly to the Court of Appeals (Code, Crim. Pro., § 517, subd. 3) upon obtaining "a certificate from a judge of the court of appeals granting permission to appeal" (Code Crim. Pro., § 520, subd. 2). ( People v. Brabson, 28 A.D.2d 989.)
Concur — Botein, P.J., Stevens, Capozzoli, Rabin and McNally, JJ.