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PEOPLE STATE NEW YORK v. ANTHONY FRANCIOTTI (05/20/68)

May 20, 1968

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
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.

No opinion.

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).

19680520

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