SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FOURTH DEPARTMENT
September 18, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
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.)
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