People v. Brandau

On June 15, 1959, defendant petitioner filed an application in the nature of a writ of error coram nobis alleging that he was convicted in the Oneida County Court for violation of section 2010 of the Penal Law, rape, second degree, and as a second offender pursuant to sections 1941 and 1942 of the Penal Law on the 24th day of February, 1944.

A previous application to vacate the 1944 conviction on the basis of alleged errors was denied. (People v. Brandan, 17 Misc 2d 830 [1959].)

The defendant petitioner now contends that his conviction in 1944 as a second offender is a nullity, as the first…