Opinion
December 29, 1961
Present — Bergan, P.J., Coon, Gibson, Herlihy and Taylor, JJ.
Appeal from an order denying an application for a writ of error coram nobis without a hearing. The defendant alleges that he was illegally arrested; a confession was illegally obtained; he was denied a preliminary hearing and was not properly represented by counsel. The defendant was arrested November 26, 1958 charged with selling narcotics and thereafter two separate indictments were returned against him. He was released on bail and retained his own counsel. After several adjournments on January 28, 1959 he pleaded guilty to the reduced charge of possession of narcotics and subsequently the other indictment was dismissed. At the arraignment when the defendant pleaded guilty, the record discloses that the court fully explained to him the effects of the reduced charge and asked his counsel if he had explained the procedure to the defendant. The court inquired of the defendant if he fully understood the situation to which he replied in the affirmative. Thereupon the court asked the defendant if there was any reason why sentence should not be pronounced, to which he replied "no" and he was thereafter sentenced. We find no merit to any of the contentions of the defendant, particularly when he pleaded guilty to a reduced charge and was represented at that time by competent and experienced counsel. A hearing, under such circumstances, would serve no useful purpose. Order unanimously affirmed.