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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS LAKE, Appellant.

Order reversed and a hearing directed. The factual allegations of coercion by the Judge and District Attorney leading to a plea of guilty are not traversed by the District Attorney and are sufficient on their face to require a hearing ( People v. Picciotti, 4 N.Y.2d 340; People v. Guariglia, 303 N.Y. 338; People v. Pearson, 12 N.Y.2d 978).

Concur: Chief Judge DESMOND and Judges DYE, FULD, BURKE and BERGAN. Judges VAN VOORHIS and SCILEPPI dissent and vote to affirm.

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PEOPLE v. LAKE
(Jun 4, 1964)