PEOPLE v. WILLIAMS

Orders entered September 6, 1966 and December 6, 1966, herein appealed from, which denied defendant's applications for a writ of error coram nobis, without a hearing, unanimously reversed, on the law, and the applications granted to the extent of directing a hearing on the issue of defendant's indigence and his ignorance of his right to proceed with his appeal in forma pauperis ( People v. Ludwig, 16 N.Y.2d 1062). Defendant sought to vacate a judgment of conviction rendered May 10, 1965, after jury trial. He alleges that after conviction he learned of his right to appeal, and on the day of sentence he told retained counsel of his desire to appeal and was told such appeal would cost $7,000, a sum which defendant apparently could not afford to pay. Further, he alleges he learned of his right to appellate review as a poor person long after the time to so petition the court had expired. The People commendably, concede that on the uncontroverted allegations defendant is entitled to a hearing (see, also, People v. Adams, 12 N.Y.2d 417).

Concur — Stevens, J.P., Eager, Steuer and McGivern, JJ.