violation of parole. He was again released on parole, during which intermittent violations occurred. In December 1960, while still subject to parole under the 1943 thirty-year sentence, he was convicted on his plea of guilty to a charge of attempted larceny, second degree. On December 6, 1960 he was sentenced as a multiple offender[1] to a term of from two to four years. The Parole Board, as permitted by New York law,[2] required petitioner to serve the parole violation first, to be followed by the two to four year sentence on the attempted *275 larceny charge. The petitioner's sole attack here is upon the 1943 conviction.
The petitioner has exhausted all available state remedies,[3] having raised in a coram nobis proceeding in the Nassau County Court the same contentionshere urged. A hearing thereon was granted, at which petitioner was the sole witness. The County Court denied his application on February 11, 1963, one month before the United States Supreme Court decided the landmark case of Gideon v. Wainwright.[4] The Appellate Division affirmed the denial on October 21, 1963,[5] and leave to appeal to the New York Court of Appeals was denied in February 1964.[6]
Both the State and petitioner, upon argument and in their respective briefs, urged upon the Court that petitioner's application was ripe for disposition upon the state court record, which includes the testimony of the coram nobis proceeding held by the Nassau County Court. This Court, after a study of the minutes of the hearing and the entire state record, and despite the joint