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PEOPLE STATE NEW YORK v. AUGUSTINE BAGLEY (01/08/69)

COURT OF APPEALS OF NEW YORK 1969.NY.40042 <http://www.versuslaw.com>; 244 N.E.2d 880; 23 N.Y.2d 814 decided: January 8, 1969. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.AUGUSTINE BAGLEY, APPELLANT People v. Bagley, 28 A.D.2d 649, reversed. Julia P. Heit and Anthony F. Marra for appellant. Burton B. Roberts, District Attorney (Robert Cantor and Daniel J. Sullivan of counsel), for respondent. Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.


People v. Bagley, Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Keating, Breitel and Jasen.

 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).

Disposition

Order reversed and matter remitted to the Supreme Court for a hearing.

19690108

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