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PEOPLE v. ZITO

27 A.D.2d 549 (1966)

The People of the State of New York, Respondent, v. Agatino Zito, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 12, 1966

Reversed, on the law, and application granted to the extent that a hearing is directed to be held on the issues raised in appellant's application; and matter remanded accordingly to the Supreme Court, Kings County.

Findings of fact, if any, have not been considered. In our opinion, defendant has alleged facts which, if established, justify relief by way of coram nobis. He is entitled to a hearing (People v. Picciotti, 4 N.Y.2d 340

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