Opinion
February 22, 1962
Motion to prosecute appeal from order of Erie County Court entered September 11, 1961 on handwritten papers, and for other relief, denied. Memorandum: We have passed upon the very question that is here presented in People ex rel. Meers v. Martin ( 4 A.D.2d 659, affd. 4 N.Y.2d 898). The only distinction is that the former appeal was from an order sustaining a writ of habeas corpus, and this is a request to appeal as a poor person in coram nobis. However, the procedural differences would not in any way affect our decision upon the facts, and further, as no jurisdictional question is presented involving facts dehors the record, coram nobis does not lie. We have already decided all of the questions which could be presented on appeal if permission were granted.