Opinion
Argued December 5, 1961
Decided January 11, 1962
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL S. LEIBOWITZ, J.
Frances Thaddeus Wolff for appellant.
Edward S. Silver, District Attorney ( William I. Siegel of counsel), for respondent.
Order affirmed; no opinion.
Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Chief Judge DESMOND and Judge FULD dissent and vote to reverse and to order a new hearing for the reason that, under the circumstances disclosed by this record, the coram nobis proceeding should have been heard by a different Judge.