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People v. Bagley

Court of Appeals of the State of New York
Jan 8, 1969
23 N.Y.2d 814 (N.Y. 1969)

Opinion

Argued December 10, 1968

Decided January 8, 1969

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MITCHELL D. SCHWEITZER, J.

Julia P. Heit and Anthony F. Marra for appellant.

Burton B. Roberts, District Attorney ( Robert Cantor and Daniel J. Sullivan of counsel), for respondent.


Order reversed and matter remitted to the Supreme Court for a hearing. Appellant's allegations, although improbable, are neither so incredible as a matter of law, nor so clearly refuted by the record, that he is not entitled to a hearing (see People v. Richetti, 302 N.Y. 290).

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.


Summaries of

People v. Bagley

Court of Appeals of the State of New York
Jan 8, 1969
23 N.Y.2d 814 (N.Y. 1969)
Case details for

People v. Bagley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AUGUSTINE BAGLEY…

Court:Court of Appeals of the State of New York

Date published: Jan 8, 1969

Citations

23 N.Y.2d 814 (N.Y. 1969)
297 N.Y.S.2d 313
244 N.E.2d 880

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