People v. Contaldo

Brennan, J.,

dissents and votes to reverse the order and to remit the proceeding to the County Court for a hearing, with the following memorandum: On the record before us it appears that the allegations of error contained in the petition and in the supporting affidavits have not been conclusively refuted. Hence, the defendant should have been afforded a hearing (People v. Richetti, 302 N. Y. 290).