People v. Baker

Appellate Division of the Supreme Court of New York

People v. Baker

20 A.D.2d 624, 244 N.Y.S.2d 888, 1963 N.Y. App. Div. LEXIS 2744

Appellate Division of the Supreme Court of the State of New York·Decided December 12, 1963·Published·Cited by 1 cases

Opinion

— Order unanimously reversed and matter remitted to Jefferson County Court for a hearing in accordance with the memorandum. Memorandum: The petition made out a prima facie showing of noncompliance with section 308 of the Code of Criminal Procedure which was “not conclusively refuted by unquestionable documentary proof contra”. (People V. Bichetti, 302 N. Y. 290, 296.) He was entitled to a hearing. (Appeal from order of Jefferson County Court denying, without a hearing, motion to vacate a judgment of conviction for burglary, third degree, rendered October 14, 1939.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

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— Order unanimously reversed and matter remitted to Jefferson County Court for a hearing in accordance with the memorandum. Memorandum: The petition made out a prima facie showing of noncompliance with section 308 of the Code of Criminal Procedure which was “not conclusively refuted by unquestionable documentary proof contra”. (People V. Bichetti, 302 N. Y. 290, 296.) He was entitled to a hearing. (Appeal from order of Jefferson County Court denying, without a hearing, motion to vacate a judgment of conviction for burglary, third degree, rendered October 14, 1939.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.

People v. Baker, 20 A.D.2d 624, 244 N.Y.S.2d 888, 1963 N.Y. App. Div. LEXIS 2744 (N.Y. Ct. App. 1963).

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Opinion

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