SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
September 25, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ELLSWORTH LYNCH, APPELLANT
Concur -- Stevens, P. J., Tilzer, McGivern, McNally and Macken, JJ.
Order entered August 28, 1968, denying, without a hearing, a petition for a writ of error coram nobis unanimously reversed on the law and a hearing directed as to whether defendant was deprived of his right to appeal because of failure to have counsel during the period of time during which an appeal could be taken. The allegations in the petition are sufficient to require a hearing. (People v. Callaway, 24 N.Y.2d 127; People v. Montgomery, 24 N.Y.2d 130; People v. Ramsey, 23 N.Y.2d 656; People v. Sullivan, 32 A.D.2d 514.)
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