Opinion
Argued February 25, 1955
Decided March 11, 1955
Appeal from the Court of General Sessions of New York County, GOLDSTEIN, J.
Jacob Shientag and Rudolph Stand for appellant.
Frank S. Hogan, District Attorney ( Charles W. Manning and Richard G. Denzer of counsel), for respondent.
Order affirmed, upon the ground that coram nobis does not lie. This determination is made without prejudice to an application for a new trial in respect to the dying declaration. No opinion.
Concur: CONWAY, Ch. J., DYE, FULD, FROESSEL and BURKE, JJ. DESMOND and VAN VOORHIS, JJ., dissent upon the ground that they are of the opinion that coram nobis should lie under these circumstances in a capital case.