Opinion
June 16, 1955.
Appeal from Greene County Court.
Present — Foster, P.J., Bergan, Coon, Halpern and Imrie, JJ.
Appellant sought an order vacating a judgment of December 29, 1944, convicting him of the crime of assault, second degree. The ground of the application was that he was not informed of his right to counsel at the time of his arraignment prior to his said conviction. In addition to that ground, he here also seeks reversal on the contention that the hearing on his application for the writ of coram nobis was not conducted in open court. We find no substance in either contention. The 1944 court minutes demonstrate that neither constitutional nor statutory rights were denied him and that the court complied with the requirements of section 308 of the Code of Criminal Procedure as to aid of and assignment of counsel. Order unanimously affirmed.