Opinion
May 23, 1967
Appeal from the County Court.
Present — Williams, P.J., Bastow, Henry, Del Vecchio and Marsh, JJ.
Order unanimously reversed and matter remitted to Genesee County Court for a hearing. Memorandum: Petitioner is entitled to a hearing on the allegations of his petition that he was denied his constitutional and statutory rights to have the judgment of conviction reviewed on appeal by reason of the dismissal of an appeal taken on his behalf for failure to prosecute through no fault of his and on stipulation of his attorney without his knowledge (see People v. De Renzzio, 14 N.Y.2d 732).