Opinion
Argued June 7, 1960
Decided July 8, 1960
Appeal from the Appellate Part of the Court of Special Sessions of the City of New York in the Second Judicial Department, THOMAS H. CULLEN, M.
Edward S. Silver, District Attorney ( William I. Siegel, David Diamond and Raymond J. Scanlan of counsel), for appellant.
Robert P. Whelan for respondent.
Order reversed and the order of the Magistrates' Court of the City of New York reinstated upon the ground that an application in the nature of coram nobis is not available ( People v. Sadness, 300 N.Y. 69, 73-74). No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.