Summary
In People v. De Vore (14 A.D.2d 469 the court stated: "The available records are negative, neither supporting nor rebutting defendant's contention.
Summary of this case from People v. WillisOpinion
June 29, 1961
Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ.
Appeal from an order of the County Court of Franklin County which denied, after a hearing, defendant's application in the nature of a writ of error coram nobis to vacate a judgment of conviction rendered in 1935 on the ground that he was not represented by counsel or advised of his right thereto. The available records are negative, neither supporting nor rebutting defendant's contention. The County Judge, District Attorney and County Clerk then in office are deceased. The application was properly denied upon the court's findings, fully warranted upon this record, that defendant's testimony was not credible and hence that he had not sustained the burden of proof. ( People v. Milo, 4 A.D.2d 679; People v. Oddo, 283 App. Div. 497, 499.) Order unanimously affirmed.