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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN T. GLEASON, Appellant.

Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: The allegations of defendant and an alleged witness that an Assistant District Attorney promised defendant that he would receive a suspended sentence if he entered a plea of guilty presented questions of fact requiring that a hearing be granted on defendant's petition. ( People v. Piccotti, 4 N.Y.2d 340; People v. Robson, 285 App. Div. 111 2; People v. Amoroso, 8 A.D.2d 683.)

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PEOPLE v. GLEASON
(Feb 21, 1963)