People v. Ramos

Appeal from an order of the County Court, Ulster County, denying, without a hearing-, appellant’s application for a writ of coram nobis. The sole question raised here is whether a hearing should have been granted upon the allegation of the petition that appellant, because of a language barrier, did not understand the criminal proceedings he was involved in. It is clear that a hearing must be held unless the facts alleged in the petition, even if proved, would not warrant a vacatur of the .judgment (People v. Derrick, 15 N Y 2d 816) or the allegations of the petition are conclusively refuted…