Opinion
May 21, 1952.
Present — Peck, P.J., Dore, Cohn, Van Voorhis and Shientag, JJ.
No affidavit whatever was submitted by the People, and on this record it cannot be said that defendant's sworn allegations are conclusively refuted by unambiguous documentary proof contra. Accordingly, whether defendant was advised of his rights and actually represented by counsel upon his plea of guilty and at the time of his sentence should be determined only after a hearing ( People v. Richetti, 302 N.Y. 290, 296; People v. Samet, 279 App. Div. 767 [2d Dept.]; People v. Langan, 303 N.Y. 474). Order unanimously reversed and the application granted to the extent that the matter is remitted to the Court of General Sessions for the purpose of a hearing. Settle order on notice.