Opinion
Argued June 7, 1966
Decided July 7, 1966
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, IRWIN D. DAVIDSON, J.
Betty D. Friedlander for appellant.
Frank S. Hogan, District Attorney ( Eric A. Seiff and H. Richard Uviller of counsel), for respondent.
Order reversed and case remitted to Supreme Court, New York County, for a hearing. The factual allegations that petitioner was coerced into pleading guilty by threats made directly to him by the Judge and District Attorney are sufficient on their face to require a hearing. ( People v. Glasper, 14 N.Y.2d 893; People v. Zilliner, 14 N.Y.2d 834; People v. Pearson. 12 N.Y.2d 978.)
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE and BERGAN. Judges SCILEPPI and KEATING dissent and vote to affirm upon the authority of People v. Scott ( 10 N.Y.2d 380) and People v. Dash ( 16 N.Y.2d 493).