Opinion
March 22, 1971
Motion for permission to proceed as a poor person and for assignment of counsel. The contention raised in this proceeding has been passed upon by this court ( People ex rel. Howe v. La Vallee, 14 A.D.2d 473; see also, People v. Howe, 33 A.D.2d 926). Moreover, coram nobis is not the proper remedy for seeking a new trial on the ground of newly discovered evidence ( People v. O'Dell, 34 A.D.2d 702). Motion for permission to proceed as a poor person granted. The appeal may be perfected upon one typewritten copy of the record and six typewritten copies of the brief and appendix. Motion in all other respects denied. Herlihy, P.J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.