Opinion
November 20, 1967
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated February 21, 1966 and made after a hearing, which denied his application to vacate a judgment of the former County Court, Kings County, rendered May 6, 1931, convicting him of robbery in the second degree, on his plea of guilty, and sentencing him to Elmira Reformatory. Order affirmed. The evidence adduced at the hearing indicates that defendant was represented by counsel at the critical stages of the proceedings. A notice of appearance was filed on defendant's behalf by a named attorney. The District Attorney's trial sheet contains a notation to that effect. There was evidence that defendant and his attorney appeared in the courtroom together when defendant entered a plea of guilty. The trial court weighed defendant's self-interest in this matter and found that he failed to prove his case by a fair preponderance of the credible evidence. The trier of the facts would have been justified in refusing to credit the testimony of defendant even if it were not directly contradicted ( People v. Page, 12 A.D.2d 984). The failure of the court minutes to indicate whether defendant was represented by counsel on specific dates is not complementary evidence sufficient to warrant granting coram nobis relief ( People v. Barber, 276 App. Div. 1040). Beldock, P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.