Opinion
Argued June 10, 1964
Decided July 10, 1964
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, SAMUEL S. LEIBOWITZ, J.
Peter R. Rosenblatt for appellant.
Edward S. Silver, District Attorney ( William I. Siegel of counsel), for respondent.
Order reversed, the matter remitted to the Supreme Court, Kings County, and a hearing directed. The factual allegations of coercion by the Judge leading to a plea of guilty are sufficient on their face to require a hearing ( People v. Picciotti, 4 N.Y.2d 340; People v. Pearson, 12 N.Y.2d 978; People v. Lake, 14 N.Y.2d 790).
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS and BERGAN. Judges DYE, BURKE and SCILEPPI dissent and vote to affirm.