Opinion
April 22, 1971
Order, Supreme Court, Bronx County, entered September 10, 1970, denying without a hearing defendant's application in the nature of a writ of error coram nobis, seeking to vacate a judgment of the Supreme Court, Bronx County, rendered June 12, 1969, convicting defendant after trial of the crimes of criminally selling a dangerous drug in the second degree, criminal possession of a dangerous drug in the second degree, and criminal possession of a dangerous drug in the fourth degree, and sentencing him to State Prison for an indeterminate term not to exceed seven years is unanimously reversed on the law and the facts and the matter is remanded for a hearing. In our view, the affidavits in support of defendant's application and the affidavits submitted in opposition thereto raise questions as to whether one of the defendant's witnesses was discouraged or prevented from testifying at the trial as a result of any improper action attributable to the prosecution. A hearing should be had to develop the facts.
Concur — Markewich, J.P., Nunez, McNally, Steuer and Tilzer, JJ.