Opinion
March 22, 1965
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, entered September 4, 1964, which denied without a hearing his application to vacate a judgment of said court rendered April 29, 1963 on his plea of guilty, convicting him of attempted forgery in the third degree, and imposing sentence. Order reversed on the law and the facts, and application remitted to the Supreme Court, Kings County: (1) for a hearing on the defendant's claim that he was mentally incapable of understanding the charges and making his defense at the time of his plea of guilty and sentence; and (2) for further proceedings not inconsistent herewith. In our opinion, the facts alleged by the defendant are sufficient to require a hearing upon his claim of incompetency at the time he pleaded guilty and was sentenced ( People v. Jones, 12 N.Y.2d 1024; People v. Sprague, 11 N.Y.2d 951; People v. Boundy, 10 N.Y.2d 518). Christ, Acting P.J., Brennan, Hill, Hopkins and Benjamin, JJ., concur.