SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
January 9, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
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.
Order unanimously affirmed.
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