Opinion
March 14, 1966
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered March 1, 1965, which denied after a hearing his application to vacate a judgment of the former County Court, Kings County, rendered November 25, 1958 convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence. Order affirmed. In our opinion, defendant failed to sustain by a preponderance of the credible evidence his contention that his plea of guilty was wrongfully induced ( People v. Murphy, 20 A.D.2d 222, 225; People v. Wolfson, 9 A.D.2d 940). The claim that assigned counsel assured defendant that he could later withdraw his guilty plea is insufficient upon the facts in the record ( People v. Doyle, 21 A.D.2d 810; People v. Wise, 11 A.D.2d 585). Beldock, P.J., Christ, Hill, Rabin and Benjamin, JJ., concur.