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PEOPLE STATE NEW YORK v. DANNY LEE (03/27/69)

March 27, 1969

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

Disposition

Order unanimously reversed and matter remitted to Erie County Court for a hearing.

19690327

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