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PEOPLE STATE NEW YORK v. RUBEN RODRIGUEZ (09/27/68)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT 1968.NY.42927 <http://www.versuslaw.com>; 293 N.Y.S.2d 896; 30 A.D.2d 933 September 27, 1968 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.RUBEN RODRIGUEZ, APPELLANT Appeal from order of Monroe County Court denying, without a hearing, motion to vacate judgment rendered December 20, 1962 convicting defendant of manslaughter, first degree and assault, second degree. Williams, J. P., Goldman, Marsh, Witmer and Henry, JJ.


Appeal from order of Monroe County Court denying, without a hearing, motion to vacate judgment rendered December 20, 1962 convicting defendant of manslaughter, first degree and assault, second degree.

Williams, J. P., Goldman, Marsh, Witmer and Henry, JJ.

Memorandum: In view of the concession of the District Attorney that there should be a hearing, and in the light of the record before us, the order should be reversed and a hearing held.

Disposition

 Order unanimously reversed and matter remitted to Monroe County Court for a hearing.

19680927

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