Opinion
September 18, 1969
Appeal from the Onondaga County Court.
Present — Marsh, J.P., Gabrielli, Moule, Bastow and Henry, JJ.
Order unanimosuly reversed and matter remitted to Onondaga County Court for a hearing upon the ground that the allegations of defendant's petition raise issues of fact which entitled him to a hearing on the merits. ( People v. Weldon, 17 N.Y.2d 814.)