People v. Baker
This text of 20 A.D.2d 624 (People v. Baker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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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Cite This Page — Counsel Stack
20 A.D.2d 624, 244 N.Y.S.2d 888, 1963 N.Y. App. Div. LEXIS 2744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baker-nyappdiv-1963.