People v. Bailey

Order unanimously reversed and matter remitted to Onondaga County Court for a hearing in accordance with the memorandum. Memorandum: The appellant is entitled to a hearing upon the allegations set forth in his petition of January 19, 1962. (Appeal from nunc pro tune order of Onondaga County Court denying without a hearing motion to vacate a judgment of conviction for grand larceny, first degree, rendered June 3, 1952.) Present — Williams, P. J., Bastow, Goldman and Noonan, JJ.