Opinion
Argued May 2, 1972
Decided July 6, 1972
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GERALD P. CULKIN, J.
O. John Rogge and Milton C. Weisman for appellant.
Frank S. Hogan, District Attorney ( Lewis R. Friedman, Michael R. Juviler and Herman Kaufman of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON. Chief Judge FULD concurs in the following memorandum: Although I believe that the papers submitted by the defendant on his coram nobis application entitled him, at the very least, to a hearing, I am constrained — by the court's decision in 1966 when it affirmed the judgment of conviction ( People v. Fein, 18 N.Y.2d 162, 172 [Fuld, J., dissenting]) — to concur for affirmance herein.