People v. Hibbitt , 22 A.D.2d 759 ( 1964 )

Order unanimously reversed and matter remitted to Erie Special Term for a hearing. Memorandum: The petition alleges facts which entitle the petitioner to a hearing. (Appeal from order of Erie Special Term denying, without a hearing, motion to vacate a judgment of conviction for robbery first degree, entered April 10, 1953.) Present—Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.