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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD J. LEONARD, Appellant.

REYNOLDS, J.

Appeal from an order of the County Court, Broome County, denying appellant's petition for a writ of error coram nobis without a hearing. Not only was the petition properly denied on the ground that it merely raised essentially the same issues which appellant had asserted in a previous petition ( People v. Sullivan, 4 N.Y.2d 472; People v. Mazzella, 30 A.D.2d 681) but even if reached on the merits appellant's plea of guilty precludes his raising the question of the legality of his confession ( People v. Nicholson, 11 N.Y.2d 1067, cert. den. 371 U.S. 929; People v. Griffin, 16 N.Y.2d 508) and his indictment precludes his raising the alleged infirmities he asserts as occurring at the time of arraignment ( People v. Meadows, 19 N.Y.2d 988; People v. Smith, 29 A.D.2d 578; People v. Seabold, 29 A.D.2d 791). Order affirmed. Herlihy, P.J., Reynolds, Staley, Jr., and Cooke, JJ., concur in memorandum by Reynolds, J.; Greenblott, J., taking no part.

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PEOPLE v. LEONARD
(May 26, 1970)