Opinion
September 18, 1969
Appeal from the Ontario County Court.
Present — Goldman, P.J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.
Order unanimously reversed and matter remitted to Ontario County Court for a hearing upon the ground that the allegations of defendant's petition raise issues of fact which entitled him to a hearing on the merits. ( People v. Weldon, 17 N.Y.2d 814. ) denying, without a hearing, motion to vacate judgment of conviction for grand larceny, second degree, rendered November 22, 1965.)