SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
March 27, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
DANNY LEE, APPELLANT
Appeal from order of Erie County Court denying, without a hearing, motion to vacate judgment of conviction for attempted burglary, third degree, rendered November 24, 1958.
Goldman, P. J., Del Vecchio, Marsh, Bastow and Henry, JJ.
Memorandum: Defendant's allegations that his plea of guilty was coerced by statements made to him by the trial court and the District Attorney that if he stood trial two co-defendants were in court and would testify against him; that he would be convicted as charged and sentenced to a term of 10 years; and that if he pleaded guilty he would receive the same sentence as his two co-defendants had received presented questions of fact requiring that a hearing be granted on his petition (People v. Picciotti, 4 N.Y.2d 340; People v. Amoroso, 8 A.D.2d 683; People v. Gleason, 18 A.D.2d 959).
Order unanimously reversed and matter remitted to Erie County Court for a hearing.
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