People v. Bochynski

Appellate Division of the Supreme Court of New York

People v. Bochynski

26 A.D.2d 794, 275 N.Y.S.2d 372, 1966 N.Y. App. Div. LEXIS 3490

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 22, 1966

StatusPublished

This text of 26 A.D.2d 794 (People v. Bochynski) 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.

Bluebook

People v. Bochynski, 26 A.D.2d 794, 275 N.Y.S.2d 372, 1966 N.Y. App. Div. LEXIS 3490 (N.Y. Ct. App. 1966).

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Opinion

Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: The respondent concedes it is unable conclusively to refute the allegations set forth in appellant’s petition that a full confession was given and that his plea of guilty was entered in reliance on certain promises and misrepresentations by a member of the District Attorney’s staff. (See People v. Richetti, 302 N. Y. 290; People v. Picciotti, 4 N Y 2d 340.) (Appeal from order of Erie County Court denying', [795]*795without a hearing, motion to vacate a judgment of conviction for attempted burglary, first degree, rendered June 20, 1957.) Present — Bastow, J. P., Henry, Del Vecchio and Marsh, JJ.

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Order unanimously reversed and matter remitted to Erie County Court for a hearing. Memorandum: The respondent concedes it is unable conclusively to refute the allegations set forth in appellant’s petition that a full confession was given and that his plea of guilty was entered in reliance on certain promises and misrepresentations by a member of the District Attorney’s staff. (See People v. Richetti, 302 N. Y. 290; People v. Picciotti, 4 N Y 2d 340.) (Appeal from order of Erie County Court denying', [795]*795without a hearing, motion to vacate a judgment of conviction for attempted burglary, first degree, rendered June 20, 1957.) Present — Bastow, J. P., Henry, Del Vecchio and Marsh, JJ.

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Bluebook (online)

26 A.D.2d 794, 275 N.Y.S.2d 372, 1966 N.Y. App. Div. LEXIS 3490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bochynski-nyappdiv-1966.

Opinion

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