Opinion
November 16, 1961
Appeal by defendant from an order of the County Court of Washington County, which dismissed his motion in the nature of a writ of error coram nobis after a hearing. Defendant was convicted on January 19, 1949 after trial by jury of rape in the first degree, and was sentenced to a term of 10 to 20 years at Dannemora. In this proceeding defendant contends: (1) That the District Attorney misquoted or enlarged upon or improperly characterized the language of a confession during the District Attorney's summation; and, (2) that defendant's counsel at the trial did not competently represent him. The record does not demonstrate any improper conduct on the part of the District Attorney at the trial. No appeal was taken from the judgment of conviction. Matters which were known and were of record at the time judgment was pronounced may only be raised by appeal, and are not a subject for review by coram nobis many years later. ( People v. Caminito, 3 N.Y.2d 596; People v. Sadness, 300 N.Y. 69; People v. Vance, 7 A.D.2d 661.) Defendant was represented at the trial by retained counsel of his own choosing, and there is no factual support for the defendant's claim of incompetence. Order affirmed. Coon, J.P., Herlihy, Reynolds and Taylor, JJ., concur.