Opinion
February 26, 1962
In a coram nobis proceeding, defendant appeals from an order of the County Court, Orange County, dated August 17, 1961 and entered August 21, 1961, which denied, without a hearing, his application: (1) to vacate a judgment of said court, rendered August 4, 1949, after a jury trial, convicting him of grand larceny in the first degree and sentencing him to serve an indefinite term at the Elmira Reception Center; and (2) to vacate a judgment of said court, rendered January 16, 1959, convicting him, on his plea of guilty, of assault in the second degree, and sentencing him, as a second felony offender, to serve a term of 5 to 10 years. In the latter case defendant asks that he be remanded to the County Court for resentence as a first offender. Order affirmed. No opinion. Beldock, P.J., Ughetta, Kleinfeld, Christ and Hopkins, JJ., concur.