Opinion
December 4, 1961
Appeal by defendant from an order of the County Court, Kings County, dated May 31, 1961, denying, without a hearing, his coram nobis application to vacate a judgment of said court, rendered November 18, 1959, convicting him, on his plea of guilty, of manslaughter in the first degree, and sentencing him to serve a term of 10 to 20 years. Order reversed, and matter remitted to the said County Court for a hearing of the issues and for a determination based upon the proof adduced at such hearing. In our opinion, the facts relied on by the learned County Judge in denying the motion do not conclusively refute defendant's claims; hence, defendant is entitled to a trial of the issues raised (cf. People v. Richetti, 302 N.Y. 290, 296-297). Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.