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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES E. SMITH, Appellant.

Order reversed on the law and facts and matter remitted to the Erie County Court for a hearing. (See People v. Alessi, 280 App. Div. 961, and cases therein cited.) All concur. (Appeal from an order denying defendant's petition in coram nobis.)

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PEOPLE v. SMITH
(May 13, 1953)