Opinion
March 26, 1962
In a coram nobis proceeding, defendant appeals: (1) from an order of the County Court, Queens County, dated March 8, 1960, denying, without a hearing, his application to vacate a judgment of said court rendered April 4, 1952 after trial, convicting him of kidnapping, assault in the first degree and carrying a loaded firearm after having been previously convicted of a felony (Penal Law, § 1897) and sentencing him to imprisonment therefor as a second felony offender; and (2) from an order of said court made on reargument, dated March 14, 1960, adhering to the original decision. Said judgment of conviction was affirmed by this court and by the Court of Appeals ( People v. James, 280 App. Div. 983, affd. 305 N.Y. 770). The basis of the defendant's application is his unsupported claim that the People's main witness committed perjury in identifying him at the trial as one of his assailants, to the knowledge of the police and the District Attorney. Order of March 14, 1960, affirmed. No opinion. Appeal from order of March 8, 1960, dismissed. That order was superseded by the order of March 14, 1960, granting reargument. Kleinfeld, Acting P.J., Christ, Hill, Rabin and Hopkins, JJ., concur.