Opinion
May 13, 1949.
Appeal from Supreme Court, Broome County.
Present — Foster, P.J., Heffernan, Brewster, Santry and Bergan, JJ.
The defendant in 1944 made a similar application for the same relief on the same grounds. A hearing was had on this previous application in the Supreme Court, Broome County, and the application was denied in 1945 ( People v. Wurzler, 184 Misc. 224). The matters sought to be reviewed in the present proceeding having been once considered and passed upon, the former decision is res judicata. Order appealed from unanimously affirmed.