Opinion
November 23, 1970
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 7, 1965, and an order of the same court dated March 21, 1968 which denied his application in coram nobis to vacate said judgment. Order affirmed, with leave to renew the coram nobis application upon proper supporting papers ( People v. Scott, 10 N.Y. 380; People v. Ryerson, 32 A.D.2d 844). Judgment affirmed. In reviewing the order of January 25, 1965 which denied defendant's motion to suppress certain evidence, upon the appeal from the judgment, we have examined the transcripts of the suppression hearings held in New York County on October 8, 1964, January 28, 1969 and January 31, 1969. These transcripts were supplied to this court by the People. In our opinion, the evidence adduced at these hearings establishes that the seizure of the articles in question was lawful as incidental to a valid arrest. Rabin, Acting P.J., Munder, Martuscello, Latham and Benjamin, JJ., concur.