SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
September 18, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ALFRED CARL JUHL, APPELLANT
Appeal from order of Ontario County Court denying, without a hearing, motion to vacate judgment of conviction for grand larceny, second degree, rendered November 22, 1965.
Goldman, P. J., Del Vecchio, Witmer, Gabrielli and Bastow, JJ.
Order unanimously reversed and matter remitted to Ontario County Court for a hearing upon the ground that the allegations of defendant's petition raise issues of fact which entitled him to a hearing on the merits. (People v. Weldon, 17 N.Y.2d 814.)
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