Order affirmed.
Notwithstanding that the allegations in the petition are uncontroverted, and the concession in the respondent's brief herein that an application in the nature of coram nobis would lie if appellant were forced to trial without adequate opportunity for the preparation of a defense (People v. Koch, 299 N.Y. 378), we are of opinion that no unlawful prejudice operates against appellant by the denial of his application. It appears that in passing...
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