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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HORACE BROWN, Appellant.

In a coram nobis proceeding, defendant appeals from an order of the Supreme Court, Queens County, dated October 7, 1968, which denied the application without a hearing. Order reversed, on the law, and proceeding remitted to said court for a hearing and a new determination ( People v. Montgomery, 24 N.Y.2d 130; People v. Nostro, 33 A.D.2d 693; People v. Groff, 32 A.D.2d 592; People v. Sullivan, 32 A.D.2d 514; see, also, People v. Pitts, 6 N.Y.2d 288). Christ, Acting P.J., Rabin, Benjamin, Martuscello and Kleinfeld, JJ., concur.

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PEOPLE v. BROWN
(Feb 9, 1970)