Opinion
April 9, 1970
Appeal from the Erie County Court.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Henry, JJ.
Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: Petitioner's allegations that his plea of guilty was coerced by threats made to him by an Assistant District Attorney and his own counsel are sufficient to raise a triable issue as to the voluntariness of his plea, which should be resolved at a hearing. ( People v. Picciotti, 4 N.Y.2d 340, 345.)