
    The People of the State of New York, Respondent, v. Titus Gory, Appellant.—
   Appeal by defendant from an order of the County Court, Westchester County, entered October 27, 1970, which denied his application for a writ of error eoram nobis without a hearing. Order reversed, on the law, and the matter remitted to the County Court for a hearing consistent with the views expressed in the following memorandum-. Defendant was convicted after a jury trial and was sentenced on June 3, 1969, approximately four months after the decision in People v. Montgomery (24 N Y 2d 130). Defendant’s claim in his coram nobis application that he was not advised of his right- to appeal, raises an issue of fact that should be determined at a hearing. Hopkins, Acting P. J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.  