Opinion
September 19, 1963
Appeal from the Erie County Court.
Present — Williams, P.J., Bastow, Goldman, Henry and Noonan, JJ.
Order unanimously reversed and proceeding remitted to Erie County Court for a hearing. Memorandum: The petition shows sufficient facts to entitle the defendant to a hearing on the issue of whether or not he was prevented from filing his notice of appeal from the judgment of conviction by the prison authorities. (See People v. Hairston, 10 N.Y.2d 92 .)