In a coram nobis proceeding, defendant appeals from an order of the County Court, Kings County, dated December 18, 1957, which denied, without a hearing, his application to vacate a judgment of said court, rendered May 10, 1951, after a jury trial, convicting him of robbery in the first degree, and sentencing him to serve a term of 10 to 20 years. Order affirmed. The application was made on the ground that at the time of his appearance for arraignment before the Magistrate, the defendant refused the court's offer to assign counsel and he was refused an adjournment to obtain counsel of his own choice. Under the circumstances here, whether or not defendant was represented by counsel at the preliminary hearing before the Magistrate, becomes immaterial since he was later represented by counsel on the trial ( Canizio v. New York, 327 U.S. 82; People v. Langford, 156 N.Y.S.2d 751, affd. 4 A.D.2d 919). Ughetta, Acting P.J., Christ, Pette and Brennan, JJ., concur.