Opinion
March 15, 1965
In a coram nobis proceeding, defendants appeal from an order of the Supreme Court, Kings County, entered March 27, 1963, which denied without a hearing their application to vacate as to each of them a judgment of the former County Court, Kings County, rendered June 24, 1958 after a jury trial, convicting them of attempted robbery in the first degree, and imposing sentence. The judgment of conviction was previously affirmed by this court ( 7 A.D.2d 1017). Order reversed on the law and the facts, and application remitted to the Supreme Court, Kings County, for a hearing of the issues and for a determination based upon the proof adduced at such hearing. In our opinion, the defendants' present papers: (a) raise issues which were never determined at the hearing conducted upon the defendants' previous coram nobis application (see 14 A.D.2d 917); and (b) reveal the existence of evidence which is of sufficient substance to warrant a hearing upon such issues. Ughetta, Acting P.J., Christ, Brennan, Hill and Rabin, JJ., concur.