Opinion
March 8, 1971
In a coram nobis proceeding, defendant appeals from an order of the County Court, Nassau County, entered June 29, 1970, which denied the application without a hearing. Order affirmed. Defendant's primary allegation is that he had no knowledge of his right to appeal from the judgments of conviction which he asks to have set aside and never knew of or authorized the appeals which were taken therefrom in his behalf. The record conclusively refutes that allegation. It is conceded that appeals from the judgments were prosecuted to this court in appellant's behalf in 1964 ( People v. Gellis, 20 A.D.2d 671). The records of this court reveal that, prior to the appeal, defendant moved pro se for leave to dispense with printing, for enlargement of time within which to perfect the appeal and for assignment of counsel. In his supporting affidavit defendant specifically asked that he be assigned counsel. A copy of the order granting him the requested relief was sent to defendant. His present contention that he did not "authorize" his 1964 appeals and was unaware of them is rendered a patent fabrication by such documentary proof. Accordingly, no hearing is required on these papers. Rabin, P.J., Latham, Christ, Brennan and Benjamin, JJ., concur.