SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT
April 21, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
THEODORE HUNT, APPELLANT
Appeal from an order of the County Court, St. Lawrence County, denying appellant's application for a writ of error coram nobis, without a hearing.
Reynolds, J. P., Aulisi, Staley, Jr., Cooke and Greenblott, JJ., concur in memorandum by Reynolds, J. P.
Appellant's attack upon the sufficiency of the indictment on the ground that it was founded upon incompetent evidence before the Grand Jury cannot prevail where as here he failed to raise such contentions prior to the entry of a plea of guilty and judgment thereon (e.g., People ex rel. Newman v. McMann, 29 A.D.2d 704, mot. for lv. to app. den. 21 N.Y.2d 644; People v. Moore, 30 A.D.2d 720; People v. Brown, 22 A.D.2d 920). Nor do we find any merit in appellant's additional contentions and, accordingly, the order must be affirmed.
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