Majority
p. 755The People of the State of New York, Respondent, v. Joe Watson, Appellant.
Order of the Supreme Court, Kings County, dated April 21,
p. 756
1966, 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.
Cases cited
- People v. Elfe 18 N Y 2d 601 p. 756