Opinion
Argued November 17, 1964
Decided November 25, 1964
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, DONALD H. MONROE, J.
Arthur C. Muhlstock for appellant.
Paul H. McCabe, District Attorney ( Samuel J. Castellino of counsel), for respondent.
Order reversed and case remitted to the Chemung County Court for a hearing upon the allegations set forth in the petition ( People v. Richetti, 302 N.Y. 290). It was conceded before us that defendant about three years before his plea of guilty had been in a school for mental defectives.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.