Petitioner was sentenced in the Westchester County Court to an indeterminate term of imprisonment of not less than five nor more than ten years, less certain jail time, upon conviction on a plea of guilty as a second offender to the crime of attempted burglary, third degree. Petitioner now attacks his conviction upon the alleged failure of the court to advise him of his right to the aid of counsel. There is no proof in the record other than the bare assertion of the petitioner that there was a failure to advise him of his right to the aid of counsel. It appeared upon the return of the writ of habeas corpus that petitioner was being held by virtue of a judgment of a court of competent jurisdiction, and the dismissal of the writ of habeas corpus was proper. The order appealed from should be affirmed. Order affirmed, without costs. All concur.