Opinion
July 5, 1961
Appeal by defendant from an order of the County Court, Queens County, dated April 29, 1960, denying, without a hearing, his coram nobis application to vacate a judgment of said court rendered January 16, 1956, convicting him, after a jury trial, of assault in the second degree with intent to commit rape, robbery in the first degree, grand larceny in the first degree and assault in the second degree, and sentencing him to serve a term of one day to life. This coram nobis application by defendant is based upon the claim (as limited by his brief) that he was legally insane at the time of his trial. There was no issue of insanity presented at the time of the trial, when the defendant was represented by retained counsel; but such issue was raised and determined at the time of sentence, and no appeal was taken from the judgment of conviction. Order affirmed. No opinion. Nolan, P.J., Ughetta, Kleinfeld, Christ and Brennan, JJ., concur.