Order unanimosuly reversed and matter remitted to Onondaga County Court for a hearing upon the ground that the allegations of defendant’s petition raise issues of fact which entitled him to a hearing on the merits. (People v. Weldon, 17 N Y 2d 814.) (Appeal from order of Onondaga County Court denying, without a hearing, motion for resentence.) Present — Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.