Opinion
July 10, 1967
Order of the County Court, Westchester County, dated June 2, 1967, reversed, on the law, and application remitted to the County Court, Westchester County, for a hearing and determination de novo. No questions of fact have been considered. Defendant alleges that the District Attorney made certain promises to him prior to his sentence. Despite the denial by the District Attorney of those promises, the allegations by the defendant are sufficient on their face to require a hearing ( People v. Weldon, 17 N.Y.2d 814; People v. Pearson, 12 N.Y.2d 978). Beldock, P.J., Brennan, Hopkins, Benjamin and Nolan, JJ., concur.