Defendant is not entitled to a writ of coram nobis audita querela "to obtain `relief against a judgment or execution because of some defense or discharge arising subsequent to the rendition of the judgment'"( United States v Johnson, 962 F2d 579, 582), due to a subsequent change in Federal law that effectively barred her from seeking a waiver of deportability. Since deportation is a collateral consequence of defendant's criminal conviction and not within the control of the court system ( People v Ford, 86 NY2d 397, 403), defendant has not been deprived of due process of law. Nor is there any authority in New York to grant such relief on equitable grounds (CPL 440.10). In any event, we would find no basis upon which to disturb this conviction.