Opinion
April 5, 1971
In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated October 22, 1970, which denied the application without a hearing. Order reversed, on the law, and application granted to the extent of directing that a hearing be held in the County Court and a new determination be there made. We find that the allegations in defendant's original and supplemental petitions that he was not aware of his right to appeal at the time of his conviction upon his guilty plea in March, 1955 and that had he been aware of his right to appeal he would have done so are sufficient to require a hearing under our holding in People v. Saunders ( 35 A.D.2d 591). Rabin, P.J., Hopkins, Munder, Martuscello and Christ, JJ., concur.