
    The People of the State of New York, Respondent, v. William McDonald, Appellant.
   In our opinion, the facts relied on by the learned County Judge in denying the motion do not conclusively refute defendant’s claims; hence, defendant is entitled to a trial of the issues raised (cf. People v. Richetti, 302 N. Y. 290, 296-297). Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.  