Opinion
November 1, 1967
Motion by respondent for reargument of appeal by defendant from an order of the Supreme Court, Kings County, dated April 21, 1966, which denied, without a hearing, defendant's application to vacate a judgment of the former County Court, Kings County, rendered May 23, 1955, which order was reversed by order of this court dated June 26, 1967. Motion for reargument granted and, upon reargument, decision dated June 26, 1967 ( 28 A.D.2d 728) recalled, order of the same date vacated; and order of the Supreme Court, Kings County, dated April 21, 1966, affirmed. On the reargument, there was submitted to this court record evidence conclusively negating defendant's contention that he was not given the required allocution prior to the imposition of sentence. Hence, a hearing on that issue is not required. Beldock, P.J., Brennan, Hopkins and Benjamin, JJ., concur.