
    The People of the State of New York, Respondent, v. William A. Weldon, Appellant.
    Argued May 5, 1966;
    decided June 2, 1966.
    
      
      Frank S. Polestino for appellant.
    
      William Cahn, District Attorney (Henry P. De Vine and Jules E. Orenstein of counsel), for respondent.
   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 Fund, Van Voorhis, Burke, Scileppi, Bergan and Keating.  