Opinion
September 30, 1955.
Appeal from Erie County Court.
Present — McCurn, P.J., Vaughan, Kimball, Wheeler and Van Duser, JJ.
Order reversed and proceeding remitted to the Erie County Court for a hearing. Memorandum: Inasmuch as the records do not conclusively disclose appellant's allegations to be false, he should have been accorded a hearing, in which he could appear and assert his rights. ( People v. Richetti, 302 N.Y. 290.) Such a hearing will also afford the opportunity to the Judge before whom appellant's plea was made, to appear and testify as a witness. All concur.