Opinion
March 31, 1952.
Appeal from an order denying a motion in the nature of coram nobis to set aside a judgment convicting appellant of robbery in the first degree while armed. Order of the County Court, Kings County, affirmed. It is not claimed by appellant that the assistant district attorney made any promise to him. The understanding was that at the time of sentence on the plea of guilty by the codefendants to indictment No. 5035-A, a motion would be made by the assistant district attorney to dismiss indictment No. 5035-B as to them. When the trial on the latter indictment was moved against all of the defendants, sentence had not yet been pronounced. There was, therefore, no trickery or fraud of which the appellant may complain. Nolan, P.J., Carswell, Johnston, MacCrate and Schmidt, JJ., concur.