Opinion
March 27, 1969
Appeal from the Erie County Court.
Present — Goldman, P.J., Del Vecchio, Marsh, Bastow and Henry, JJ.
Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: Defendant's allegations that his plea of guilty was coerced by statements made to him by the trial court and the District Attorney that if he stood trial two codefendants were in court and would testify against him; that he would be convicted as charged and sentenced to a term of 10 years; and that if he pleaded guilty he would receive the same sentence as his two codefendants had received presented questions of fact requiring that a hearing be granted on his petition ( People v. Picciotti, 4 N.Y.2d 340; People v. Amoroso, 8 A.D.2d 683; People v. Gleason, 18 A.D.2d 959).