Opinion
December 20, 1971
Appeal from an order of the County Court of Schenectady County, entered September 30, 1970, which denied, without a hearing, appellant's application for a writ of error coram nobis. Appellant was convicted on October 17, 1966 on his plea of guilty of the crime of incest and was sentenced on November 1, 1966 to a term of 3 1/2 to 10 years. Appellant does not show that at the time of the conviction he had a genuine appealable issue which he might have raised had he been advised of his right to appeal. His allegations standing alone are not sufficient to require a hearing. ( People v. Saunders, 28 N.Y.2d 196; People v. Ali, 35 A.D.2d 435.) Order affirmed. Herlihy, P.J., Greenblott, Cooke, Sweeney and Simons, JJ., concur.