Order unanimously reversed and matter remitted to Monroe County Court for a hearing. (See People v. Boundy, 10 N Y 2d 518; People v. Sprague, 11 N Y 2d 951.) (Appeal from order of Monroe County Court denying a motion to vacate a judgment of conviction on October 29, 1957 for grand larceny, first degree.) Present — Bastow, J. P., Goldman, Halpern, McClusky and Henry, JJ.