Opinion
June 29, 1961
Present — Bergan, P.J., Gibson, Herlihy, Reynolds and Taylor, JJ.
Appeal from an order of the County Court of Albany County which denied an application in the nature of a writ of error coram nobis after a hearing had pursuant to our direction upon remittal after a prior appeal. ( 9 A.D.2d 974.) The case presented only factual issues and the County Court had ample warrant to resolve them against appellant, as it did, by accepting the testimony of a former Assistant District Attorney, and the inferences to be drawn from it and from the documentary evidence which the witness identified and explained, and thereupon to find that defendant was duly represented by counsel who appeared when defendant pleaded guilty and when he was sentenced. The court was entitled to reject defendant's evidence to the contrary upon these issues as well as his testimony that he pleaded guilty upon the District Attorney's assurance of a suspended sentence. Order unanimously affirmed.