Order reversed and matter remitted to the Supreme Court for a hearing. Appellant’s allegations, although improbable, are *816neither so incredible as a matter of law, nor so clearly refuted by the record, that be is not entitled to a hearing (see People v. Richetti, 302 N. Y. 290).

Concur: Chief Judge Fuld and Judges Burke, Soileppi, Bergan, Keating, Breitel and Jasen.