SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
September 27, 1968
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
RUBEN RODRIGUEZ, APPELLANT
Appeal from order of Monroe County Court denying, without a hearing, motion to vacate judgment rendered December 20, 1962 convicting defendant of manslaughter, first degree and assault, second degree.
Williams, J. P., Goldman, Marsh, Witmer and Henry, JJ.
Memorandum: In view of the concession of the District Attorney that there should be a hearing, and in the light of the record before us, the order should be reversed and a hearing held.
Order unanimously reversed and matter remitted to Monroe County Court for a hearing.
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