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PEOPLE STATE NEW YORK v. B. C. WHITE (01/09/69)

January 9, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
B. C. WHITE, APPELLANT



Appeal from order of Oneida County Court, denying motion for resentence, without a hearing.

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

Memorandum: Although appellant's petition lacks sufficient allegations of fact to warrant a hearing thereon, he should be given an opportunity, by amended petition, to set forth such facts, if they exist.

Disposition

Order unanimously affirmed.

19690109

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