Appellate Division of the Supreme Court of New York, 1967

People v. Watson

People v. Watson
Appellate Division of the Supreme Court of New York · Decided February 27, 1967
27 A.D.2d 755; 279 N.Y.S.2d 1019; 1967 N.Y. App. Div. LEXIS 4763
People v. Watson

Opinion of the Court

Order of the Supreme Court, Kings County, dated April 21, *7561966, reversed, on the law; and motion in the nature of coram nobis granted to the extent that it is directed that a hearing be held on the issues raised. The proceeding is remitted to the court below for the purpose of holding such hearing; and it is directed that the hearing be held before a Justice other than the one who presided at the sentencing. No questions of fact were considered. The factual allegations are sufficient on their face to require a hearing (People v. Elfe, 18 N Y 2d 601). Beldoek, P. J., Ughetta, Christ, Brennan and Hopkins, JJ., concur.

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