Majority
p. 750The People of the State of New York, Respondent, v. Theodore G. Sharkey, Jr., Appellant.
Order unanimously reversed and matter remitted to Onondaga County Court for a hearing. Memorandum: The facts stated in the petiton were sufficient to require a hearing. (Appeal from order of Onondaga County Court denying without a hearing, motion to vacate a judgment of conviction for robbery, first degree, rendered December 22, 1952.) Present — Williams, P. J., Goldman, Henry and Noonan, JJ.