Opinion
July 6, 1967
MEMORANDUM BY THE COURT. Appeal from an order which denied a coram nobis application without a hearing. The affidavits present a sufficient factual issue so as to require a hearing as to what conversations, if any, took place between the defendant-appellant and his assigned counsel concerning the filing of a notice of appeal following conviction. (See People v. Stewart, 26 A.D.2d 842.) Order reversed, on the law and the facts, and matter remitted to the County Court for hearing. Gibson, P.J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.