Opinion
March 15, 1971
In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, dated March 31, 1970, which denied the application without a hearing. Order reversed, on the law, and application granted to the extent that a hearing is directed to be held in accordance with the views herein. Defendant is entitled to a hearing on his application to determine whether he ever was advised of his right to appeal from the October 20, 1964 judgment of conviction and whether, if he were so advised, he would have appealed ( People v. Montgomery, 24 N.Y.2d 130; People v. Nostro, 33 A.D.2d 693). Hopkins, Acting P.J., Munder, Christ, Brennan and Benjamin, JJ., concur.