Opinion
February 26, 1973
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered May 24, 1971, which denied the application, after a hearing. Order affirmed. The only viable objection to the judgment sought to be vacated was defendant's contention that the sentence was excessive. We have reviewed defendant's history as it is set forth in his probation report and the record herein and, if he were to raise this claim on appeal from the above judgment of conviction, we would find that the sentence was not excessive ( People v. Santiago, 39 A.D.2d 753). Hopkins, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.