PEOPLE v. MAZZELLA

Order affirmed. While a denial of coram nobis relief is not res judicata as to a subsequent petition on the same grounds, the question whether to entertain such an application is ordinarily one of discretion ( Matter of Bojinoff v. People, 299 N.Y. 145; People v. Martine, 303 N.Y. 789). Even when new or additional evidence is claimed to have been found, the decision whether or not to hold a hearing on the new application is an exercise of judicial discretion ( People v. Sullivan, 4 N.Y.2d 472). In the present instance there was no abuse of this discretion.

Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, FOSTER and SCILEPPI.