In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated August 1, 1969, which denied the application, without a hearing. Order affirmed, without prejudice to renewal of the application on more adequate papers, if defendant be so advised. Defendant was convicted on his plea of guilty and was sentenced as a second felony offender. He alleged below that he was not advised of his right to appeal and was not aware of his right to do so. In our opinion, under the facts and circumstances adduced at bar, even if a hearing were accorded to defendant pursuant to People v. Montgomery ( 24 N.Y.2d 130), it would be incumbent upon him to establish thereat that he would have appealed had he been advised of his right to do so. Accordingly, absent an allegation to that effect, defendant sets forth no adequate basis for the relief sought or for the ordering of a Montgomery hearing in the first instance. (See People v. Saunders, 35 A.D.2d 591), decided herewith.) Christ, P.J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.