Order unanimously reversed and matter remitted to Erie County Court for a hearing: Memorandum: Only after a hearing may it be decided whether the principles enunciated in People v. Nicholson (11 N Y 2d 1067) are here applicable. (Appeal from order of Erie County Court denying without a hearing, motion to vacate a judgment of conviction for arson, third degree, rendered October 4, 1960.) Present — Williams, P. J., Bastow, Goldman, Henry and Noonan, JJ.