Majority
p. 794The People of the State of New York, Respondent, v. Alfred Bochynski, Appellant.
Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: The respondent concedes it is unable conclusively to refute the allegations set forth in appellant’s petition that a full confession was given and that his plea of guilty was entered in reliance on certain promises and misrepresentations by a member of the District Attorney’s staff. (See People v. Richetti, 302 N. Y. 290 ; People v. Picciotti, 4 N Y 2d 340 .) (Appeal from order of Erie County Court denying',
p. 795
without a hearing, motion to vacate a judgment of conviction for attempted burglary, first degree, rendered June 20, 1957.) Present — Bastow, J. P., Henry, Del Vecchio and Marsh, JJ.
Cases cited
- People v. Richetti 302 N. Y. 290 p. 794
- People v. Picciotti 4 N Y 2d 340 p. 794