People v. Northrop

Appellate Division of the Supreme Court of New York

People v. Northrop

27 A.D.2d 874, 278 N.Y.S.2d 182, 1967 N.Y. App. Div. LEXIS 4680

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

DecidedMarch 9, 1967

StatusPublished

This text of 27 A.D.2d 874 (People v. Northrop) 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. Northrop, 27 A.D.2d 874, 278 N.Y.S.2d 182, 1967 N.Y. App. Div. LEXIS 4680 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum by the Court.

The averments in the petition were sufficient to require a hearing. The contentions of the defendant were not conclusively refuted by “ unquestionable documentary proof ” (see People v. Drake, 20 A D 2d 826, revd. 15 N Y 2d 626; People v. Stewart, 26 A D 2d 842; People v. Shaver, 26 A D 2d 735). Order reversed, and case remitted to the County Court of Otsego County for a hearing upon the allegations set forth in the petition. Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Memorandum by the Court.

The averments in the petition were sufficient to require a hearing. The contentions of the defendant were not conclusively refuted by “ unquestionable documentary proof ” (see People v. Drake, 20 A D 2d 826, revd. 15 N Y 2d 626; People v. Stewart, 26 A D 2d 842; People v. Shaver, 26 A D 2d 735). Order reversed, and case remitted to the County Court of Otsego County for a hearing upon the allegations set forth in the petition. Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Bluebook (online)

27 A.D.2d 874, 278 N.Y.S.2d 182, 1967 N.Y. App. Div. LEXIS 4680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-northrop-nyappdiv-1967.