Opinion
July 5, 1966
In a coram nobis proceeding, defendant appeals from an order of the County Court, Westchester County, entered August 17, 1965, which, without a hearing, denied his application to vacate a judgment of said court, rendered April 27, 1950, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence. Order reversed, on the law, and proceeding remitted to the court below for further proceedings in accordance herewith. In our opinion a hearing is required herein (see Lee v. Mississippi, 332 U.S. 742). The procedure indicated in People v. Huntley, 15 N.Y.2d 72, should be followed insofar as such procedure is applicable herein (cf. People v. Korda, 24 A.D.2d 577). Beldock, P.J., Ughetta, Christ, Hill and Benjamin, JJ., concur.