Opinion
March 5, 1962
In a coram nobis proceeding, defendant appeals from an order of the County Court, Kings County, dated September 7, 1961, which denied, without a hearing, his application to vacate a judgment of said court, rendered March 14, 1956, after a jury trial, convicting him of a violation of section 1751 of the Penal Law and of the Public Health Law with respect to narcotic drugs, and sentencing him to serve a term of 7 1/2 to 15 years. The application was made on the grounds, in substance: (1) that the court was without jurisdiction of defendant and of the subject matter; and (2) that defendant had been placed in double jeopardy in violation of his constitutional rights, because a prior indictment charging him with the same crime had been dismissed on his motion following the granting, on consent, of a mistrial. Order affirmed. No opinion. Beldock, P.J., Kleinfeld, Brennan, Rabin and Hopkins, JJ., concur.