Opinion
February 9, 1970
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated October 7, 1968, which denied the application without a hearing. Order reversed, on the law, and proceeding remitted to said court for a hearing and a new determination ( People v. Montgomery, 24 N.Y.2d 130; People v. Nostro, 33 A.D.2d 693; People v. Groff, 32 A.D.2d 592; People v. Sullivan, 32 A.D.2d 514; see, also, People v. Pitts, 6 N.Y.2d 288). Christ, Acting P.J., Rabin, Benjamin, Martuscello and Kleinfeld, JJ., concur.