¶1Order reversed and matter remitted to the Nassau County Court for a hearing upon the ground that the allegations of defendant’s petition raise issues of fact which entitle him to a hearing on the merits. (See People v. Picciotti, 4 N Y 2d 340.)
¶2Concur: Chief Judge Desmond and Judges Fund, Van Voorhis, Burke, Scileppi, Bergan and Keating.