SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
May 20, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ANTHONY FRANCIOTTI, APPELLANT
In a coram nobisproceeding, order of the Supreme Court, Queens County, dated April 5, 1967, which denied the application, without a hearing, affirmed.
Beldock, P. J., Christ and Munder, JJ., concur; Rabin and Benjamin, JJ., dissent and vote to reverse.
Rabin and Benjamin, JJ., dissent and vote to reverse the order and to remit the proceeding to the court below for a hearing, upon the ground that the allegations of defendant's petition raise issues of fact which entitle him to a hearing on the merits (see People v. Weldon, 17 N.Y.2d 814; People v. Picciotti, 4 N.Y.2d 340).
© 1998 VersusLaw Inc.