Majority
p. 797The People of the State of New York, Respondent, v. Gilbert Leroy Dillenbeck, Appellant.
Order unanimously reversed and proceeding remitted to Jefferson County Court for a hearing. Memorandum: The record indicates that a hearing should have been had on the contentions urged by the defendant in his petition. (Appeal from order of Jefferson County Court denying, without a hearing, motion to vacate a judgment of conviction for attempted robbery, second degree, entered March 26, 1959.) Present — Williams, P. J., Goldman, Henry and Noonan, JJ.