People v. Flora

Order affirmed. Memorandum: It appears from the petition that the sentencing court pronounced sentence with knowledge of all the facts upon which the petitioner now relies. The mere allegation that the court failed to consider such facts so known to him is the conclusion of the petitioner and does not raise a question of fact requiring a hearing. All concur, except Vaughan and Kimball, JJ., who dissent and vote for reversal and for remitting the proceeding to the Monroe County Court for a hearing, in the following memorandum: The moving papers show prima facie that petitioner was an…