
    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.) Present — Taylor, P. J., McCurn, Vaughan, Piper and Wheeler, JJ.  