Opinion
December 4, 1972
In a coram nobis proceeding to vacate a judgment of the County Court, Nassau County, rendered May 20, 1970, after a nonjury trial, which was affirmed January 25, 1971 ( People v. Outlaw, 36 A.D.2d 581), defendant appeals from an order of the same court, entered April 20, 1971, which denied the application without a hearing. Order reversed, on the law, and proceeding remitted to the County Court for a hearing and a determination de novo. The gravamen of this application is that defendant learned through an accomplice's sworn statement that the prosecuting attorney knowingly used perjured testimony against him at the trial. On the strength of these allegations, which are supported by the accomplice's sworn statement, a hearing is warranted ( People v. Watford, 28 A.D.2d 858). Shapiro, Acting P.J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.