Opinion
Argued May 5, 1966
Decided June 2, 1966
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, ALBERT A. OPPIDO, J.
Frank S. Polestino for appellant.
William Cahn, District Attorney ( Henry P. De Vine and Jules E. Orenstein of counsel), for respondent.
Order reversed and matter remitted to the Nassau County Court for a hearing upon the ground that the allegations of defendant's petition raise issues of fact which entitle him to a hearing on the merits. (See People v. Picciotti, 4 N.Y.2d 340.)
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.