Order reversed and matter remitted to the Nassau County Court for a hearing upon the ground that the allegations of defendant's petition raise issues of fact which entitle him to a hearing on the merits. (See People v. Picciotti, 4 N.Y.2d 340.)
Concur: Chief Judge DESMOND and Judges FULD, VAN VOORHIS, BURKE, SCILEPPI, BERGAN and KEATING.