People v. Meers , 225 N.Y.S.2d 186 ( 1962 )

Memorandum:

We have passed upon the very question that is here

presented in People ex rel. Meers v. Martin (4 A D 2d 659, affd. 4 N Y 2d 898). The only distinction is that the former appeal was from an order sustaining a writ of habeas corpus, and this is a request to appeal as a poor person in coram nobis. However, the procedural differences would not in any way affect our decision upon the facts, and further, as no jiu’is¿fictional question is presented involving facts dehors the record, coram nobis does not lie. We have already decided all of the questions which could be presented on appeal if permission were granted.