People v. Derrick , 15 N.Y.2d 816 ( 1965 )

Order of Appellate Division reversed and that of the County Court, Broome County, reinstated. No issues of fact are presented warranting a hearing, since petitioner’s allegations of fact, even if proven, would not be grounds for coram nobis relief (People v. Vellucci, 13 N Y 2d 665; People v. Scott, 10 N Y 2d 380; People v. White, 309 N. Y. 636, cert. den. 352 U. S. 849).

Concur: Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan. Chief Judge Desmond dissents in the following opinion.