PEOPLE v. ZURAK

Appeal from an order of the County Court, Westchester County, denying appellant's second application, in the nature of a writ of error coram nobis, to vacate a judgment of said court, rendered on October 20, 1942, convicting him on his plea of guilty of the crime of attempted grand larceny, second degree, and sentencing him to a term of imprisonment of two years and six months to five years as a second felony offender. Order affirmed. After a hearing, appellant's first application was denied, and the order denying the application was affirmed by this court. ( People v. Zurak, 283 App. Div. 747.) Appellant's present papers present no materially new or additional facts or the offer of testimony different from that adduced at the hearing ( People v. Welsh, 285 App. Div. 958), and thus fail to sustain the burden of showing a substantial basis for the present application. ( People v. Martine, 278 App. Div. 966, affd. 303 N.Y. 789.) Nolan, P.J., Wenzel, Beldock, Murphy and Hallinan, JJ., concur.