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

COURT OF APPEALS OF NEW YORK


decided: January 8, 1969.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
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).

Disposition

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

19690108

© 1998 VersusLaw Inc.



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