Opinion
December 7, 1961
Appeal from the Onondaga County Court.
Present — Williams, P.J., Bastow, Halpern, McClusky and Henry, JJ.
Order unanimously reversed and matter remitted to Onondaga County Court for a hearing. Memorandum: This is an appeal from an order denying a writ of error coram nobis without a hearing. The allegations of the petition raised factual issues, which could be resolved only by a hearing. The mere fact that a codefendant in the original action had a coram nobis hearing upon issues, which may be similar to those raised herein and which were determined adversely to the codefendant after a hearing is not germane to the present application. The appellant herein was not a party to that proceeding and is in no way bound by the decision therein.