People v. Lake — 14 N.Y.2d 790

Majority

p. 790

The People of the State of New York, Respondent, v. Thomas Lake, Appellant.

Argued May 6, 1964;

decided June 4, 1964.

p. 791

Matthew Muraskin and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Eric A. Seiff and H. Richard Uviller of counsel), for respondent.

Order reversed and a hearing directed. The factual allegations of coercion by the Judge and District Attorney leading to a plea of guilty are not traversed by the District Attorney and are sufficient on their face to require a hearing (People v. Picciotti, 4 N Y 2d 340 ; People v. Guariglia, 303 N. Y. 338 ; People v. Pearson, 12 N Y 2d 978 ).

Concur: Chief Judge Desmond and Judges Dye, Fuld, Burke and Bergan. Judges Van Voorhis and Scileppi dissent and vote to affirm.