Opinion
May 1, 1967
Order of the Supreme Court, Queens County, dated June 17, 1966, affirmed. It was our decision in People v. Maybusher ( 25 A.D.2d 784) that appellant in the instant proceeding be transferred to the reception center of Elmira Reformatory. He was not so transferred but remained in a State prison. The sentence having been valid, it was only the commitment that was erroneous and appellant was not prejudiced thereby. Under these circumstances, coram nobis will not lie to reduce, modify or suspend the sentence. We do, however, direct that our original order be executed and that appellant be transferred from the State prison to the Elmira Reception Center for classification, program-planning and transfer pursuant to section 61 Correct. of the Correction Law. Ughetta, Acting P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.