PEOPLE v. ATTILIO PETROCELLI

Ordered that the order denying the motion for leave to renew is reversed, on the law, the motion for leave to renew is granted, and upon renewal, the order denying the motion to vacate the defendant's judgment of conviction is vacated, the motion to vacate the defendant's judgment of conviction is granted, the judgment rendered February 14, 1961, is vacated, and Indictment No. 3703/60 is dismissed.

In support of his motion to vacate his judgment of conviction, the defendant alleged a legal basis for the motion supported by sworn allegations of fact which were conceded by the People to be true. Consequently, the Supreme Court should have granted the defendant's motion ( see, CPL 440.30).