
    The People of the State of New York, Respondent, v. Mark Fein, Appellant.
    Argued May 2, 1972;
    decided July 6, 1972.
    
      
      O. John Rogge and Milton G. Weisman for appellant.
    
      Frank 8: Hogan, District Attorney (Lewis R. Friedman, Michael R. Juviler and Herman Kaufman of counsel), for respondent.
   no opinion.

Concur: Judges Burke, Scileppi, Bergah, Breitel, Jaseh and Gibsopt. Chief Judge Fuld concurs in the following memorandum: Although I believe that the papers submitted by the defendant on his coram nobis application entitled him, at the very least, to a hearing, I am constrained—by the court’s decision in 1966 when it affirmed the judgment of conviction (People v. Fein, 18 N Y 2d 162, 172 [Fuld, J., dissenting] )—to concur for affirmance herein.  