People v. Gale

Appellate Division of the Supreme Court of New York

People v. Gale

19 A.D.2d 858, 1963 N.Y. App. Div. LEXIS 3040

Appellate Division of the Supreme Court of the State of New York·Decided October 31, 1963·Published

Opinion

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.

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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.

People v. Gale, 19 A.D.2d 858, 1963 N.Y. App. Div. LEXIS 3040 (N.Y. Ct. App. 1963).

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