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PEOPLE STATE NEW YORK v. FELIX JOHN OLKOWSKI (09/18/69)

September 18, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
FELIX JOHN OLKOWSKI, APPELLANT



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

Marsh, J. P., Gabrielli, Moule, Bastow and Henry, JJ.

Order unanimosuly reversed and matter remitted to Onondaga County Court for a hearing upon the ground that the allegations of defendant's petition raise issues of fact which entitled him to a hearing on the merits. (People v. Weldon, 17 N.Y.2d 814.)

19690918

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