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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN FANNING, Appellant.

Per Curiam.

The defendant's petition does not sufficiently allege a case of fraudulent use of perjured testimony by the prosecuting attorney to warrant relief by a coram nobis proceeding. The order should be affirmed.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and BROMLEY, JJ., concur.

Order affirmed.

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PEOPLE v. FANNING
(Dec 29, 1949)