People v. Brandau

Defendant makes an application for a writ of error coram nobis, verified the 27th day of October, 1959 in which he seeks to vacate a judgment of conviction in this court on February 24, 1944 for the crime of rape in the second degree, in violation of section 2010 of the Penal Law of the State of New York, as a second offender.

Petitioner alleges two grounds for vacatur of the judgment of conviction, neither of which is within the periphery of error coram nobis.

1. Defendant-petitioner contends that he was indicted for the crime of rape in the first degree, as a second offender and was convicted…