United States of America Ex Rel. Gustave Shapiro, Relator-Appellant v. J. Vernal Jackson, Warden of Clinton Prison, Dannemora, N. Y.

Relator, presently serving a sentence of ten to thirty years for a 1940 conviction of robbery in New York, questions the fairness of his trial. He was represented by counsel throughout the trial and on appeal when his conviction was affirmed. People v. Shapiro, 260 App.Div. 861, 23 N.Y.S.2d 554, affirmed 287 N.Y. 824, 41 N.E.2d 98. Not until 1955 did he make the present contention that he was not present during a part of the trial. This contention when made in a coram nobis proceeding was dismissed as an error apparent on the face of the record — since the trial minutes do not show relator’s…