Opinion
March 31, 1966
Appeal from the Cattaraugus County Court.
Present — Williams, P.J., Bastow, Goldman, Henry and Marsh, JJ.
Order unanimously reversed and matter remitted to Cattaraugus County Court for a hearing in accordance with the Memorandum. Memorandum: Appellant is entitled to a hearing upon the allegation of his petition that he was not represented by counsel at the time of sentence. If petitioner desires to present proof in support of his claim that he was prevented from taking a timely appeal from the judgment of conviction, he should move to amend his petition to allege facts in support of such claim.