Opinion
November 17, 1967
Appeal from an order of the County Court of St. Lawrence County which denied, without a hearing, defendant's application in the nature of a writ of error coram nobis to vacate a judgment of conviction of petit larceny. Construing defendant's papers liberally, as we are bound to do, we conclude that they contain factual allegations of conduct on the part of the jail authorities having the result of depriving defendant of his right to appeal and are thus sufficient to require a hearing. As to this ground, his affidavit states: "The defendant made many attempts to appeal his conviction and sentence. On June 12th and on June 26, 1965, the undersheriff promised to phone an attorney. The promise was not kept. The attorney later told the defendants [ sic] that he did not receive the phone calls." Remittal is mandated by authorities directly in point. ( People v. Hairston, 10 N.Y.2d 92; People v. Stewart, 26 A.D.2d 842.) It is unnecessary to pass on the additional grounds alleged. Order reversed, on the law and the facts, and matter remitted to the County Court of St. Lawrence County for hearing. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum Per Curiam.