People v. D'Art

Defendants were convicted in the Police Court of the Village of Liberty of violating section 483 of the Penal Law. No appeal was taken therefrom. Here, in County Court in the first instance, they bring this proceeding in the nature of a writ of coram nobis to vacate the judgments of conviction and the sentences imposed.

It is well settled that it is only the court where a defendant is tried and convicted that possesses the power to hear and decide a motion in the nature of a writ of error coram nobis (People v. Wurzler, 300 N. Y. 344; People v. McCullough, 300 N. Y. 107; Frank on “ Coram Nobis…