Opinion
July 1, 1971
Appeal from the Oneida County Court.
Present — Goldman, P.J., Gabrielli, Moule, Cardamone and Henry, JJ.
Order unanimously reversed and matter remitted to Oneida County Court for a hearing in accordance with the following memorandum: Upon the appeal from the judgment of conviction ( 27 A.D.2d 705) the record and defendant's claim of his inability to comprehend the nature and impact of the proceedings, were not in such form as to permit the court to give full consideration thereto. Under the broad powers of this court and based on the peculiar facts of this case, petitioner's allegations in this coram nobis application that his plea of guilty was not voluntarily made because of his inability to understand the English language, coupled with the alleged coercive insistence of his counsel that he enter such a plea, are sufficient to raise a triable issue as to the voluntariness of his plea. This issue should be resolved at a hearing ( People v. Rodriguez, 34 A.D.2d 731).