Opinion
February 20, 1962
Present — Bergan, P.J., Coon, Herlihy, Reynolds and Taylor, JJ.
Appeal from a denial for an application for a writ of error coram nobis. The appellant appeared before the Clinton County Court in 1958 on a return of a writ of habeas corpus, contending that at the time of his original sentences, he was not advised of his rights pursuant to section 480 of the Code of Criminal Procedure. The County Court, from an examination of the record, recognized such failure of compliance and directed that the sentences be set aside. He was immediately arraigned — it being the court of original jurisdiction — advised of his rights pursuant to section 480 of the Code of Criminal Procedure and after appellant waived the two-day statutory period pursuant to section 472 of the Code of Criminal Procedure, the court imposed sentences and remanded the appellant to the custody of the Warden in accordance with the corrected sentences. In his application for a writ of error coram nobis, which is now before us, he contends that at the time of resentencing he was entitled to the benefit of counsel, it being conceded he was not so represented or that he requested such representation. There was no questions of fact involved. Under such circumstances, there is no requirement that counsel be provided at the time of resentencing. ( People v. Hasenstab, 283 App. Div. 433; People v. La Mere, 9 A.D.2d 843.) Order unanimously affirmed.