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

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT


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

© 1998 VersusLaw Inc.



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