Order unanimously reversed and matter remitted to Brie County Court for a hearing in accordance with the memorandum. Memorandum: The petition alleges facts which entitle the petitioner to a hearing. (People v. Picciotti, 4 N Y 2d 340.) (Appeal from order of Erie County Court denying, without a hearing, motion to vacate a judgment of conviction for grand larceny, first degree, rendered December 31, 1959.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Vecehio, JJ.