¶1Order 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.) Concur — • Stevens, P. J., Tilzer, McGivern, McNally and Macken,. JJ.
33 A.D.2d 515
People v. Lynch
Appellate Division of the Supreme Court of the State of New York
Decided September 25, 1969
Appellate Division of the Supreme Court of the State of New York · decided 1969-09-25
Decided 1969-09-25