
    The People of the State of New York, Respondent, v. William B. Diel, Appellant.
   Appeal by defendant from an order of the County Court, Richmond County, dated May 11, 1959, denying, after a he'aring, his coram nobis application to vacate a judgment of sáid court rendered December 8, 1939, convicting him, after a jury trial, of murder in the second degree, and sentencing him to serve a term of 20 years to life. Order affirmed. Although defendant was not present at the time the jury returned to the courtroom for further instructions, nevertheless, for such violation of section ¡427 of the Code of Criminal Procedure, coram nobis does not lie because: (1) the trial minutes do not show defendant’s presence and, therefore, there is no issue of fact raised outside the record as to defendant’s absence at the time; And (2) defendant had the remedies of appeal and motion for new trial available to him to correct the error arising from the violation of said section (People v. Shapiro, 3 N Y 2d 203). Defendant failed to sustain the burden of showing that there was evidence available to the People that he' was insane at .’the time of the commission of the crime, or that such evidence was suppressed by the prosecutor (cf. People v. Blank, 4 A D 2d 755, cert, denied 355 U. S. 963). Nolan, P. J., Beldock, Kleinfeld, Christ and Pette, JJ., concur.  