decided: January 8, 1969.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
AUGUSTINE BAGLEY, APPELLANT
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).
Order reversed and matter remitted to the Supreme Court for a hearing.
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