Opinion
June 26, 1967
In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Kings County, dated April 21, 1966, which denied, without a hearing, his application to vacate a judgment of the former County Court, Kings County, dated May 23, 1955, convicting him of murder in the second degree, upon his plea of guilty, and sentencing him to a term of imprisonment of 20 years to life. Order reversed, on the law, and proceeding remitted to the Criminal Term for a hearing on the issue raised by the petition. No questions of fact have been considered. In our opinion, defendant's petition raised an issue that should not have been determined without a hearing. Beldock, P.J., Brennan, Hopkins, Benjamin and Nolan, JJ., concur.