Opinion
September 22, 1966
Appeal from the Erie County Court.
Present — Bastow, J.P., Henry, Del Vecchio and Marsh, JJ.
Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: The respondent concedes it is unable conclusively to refute the allegations set forth in appellant's petition that a full confession was given and that his plea of guilty was entered in reliance on certain promises and misrepresentations by a member of the District Attorney's staff. (See People v. Richetti, 302 N.Y. 290; People v. Picciotti, 4 N.Y.2d 340.)