SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
June 3, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JIMMY WILLIFORD, APPELLANT
In a coram nobisproceeding, defendant appeals from an order of the County Court, Nassau County, dated June 23, 1967, which denied, without a hearing, his application to vacate a judgment convicting him of manslaughter in the first degree and sentencing him as a prior felony offender. Order reversed, on the law, and proceeding remitted to the County Court for a hearing and a determination de novo. No questions of facts were considered on this appeal.
Beldock, P. J., Rabin, Benjamin, Munder and Martuscello, JJ., concur.
No questions of fact were considered on this appeal. The allegations of defendant's petition raise issues of fact which entitle him to a hearing on the merits.
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