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PEOPLE v. WELDON

17 N.Y.2d 814 (1966)

The People of the State of New York, Respondent, v. William A. Weldon, Appellant.

Court of Appeals of the State of New York.

Decided June 2, 1966.

Attorney(s) appearing for the Case

Frank S. Polestino for appellant.

William Cahn, District Attorney (Henry P. De Vine and Jules E. Orenstein of counsel), for respondent.

Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.

Order 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

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