Opinion
November 23, 1970
In a proceeding in the nature of coram nobis, defendant appeals from an order of the Supreme Court, Kings County, dated July 28, 1969, which denied the application after a hearing. Order reversed, on the law, and proceeding remitted to the Criminal Term to reconsider the facts and the law in the light of the decisions in Coleman v. Alabama ( 399 U.S. 1) and People v. Thompson ( 19 N.Y.2d 987, revg. 26 A.D.2d 938); but, see, People v. Thompson ( 33 A.D.2d 788). The findings of fact below have not been considered. In our opinion, the facts and the law herein should be considered in the light of the cases mentioned herein. Christ, P.J., Hopkins, Munder, Latham and Brennan, JJ., concur.