People v. Bagley

New York Court of Appeals January 8, 1969

People v. Bagley, 23 N.Y.2d 814 (N.Y. 1969)

244 N.E.2d 880; 297 N.Y.S.2d 313; 1969 N.Y. LEXIS 1651

Opinion of the Court

Order reversed and matter remitted to the Supreme Court for a hearing. Appellant’s allegations, although improbable, are *816neither so incredible as a matter of law, nor so clearly refuted by the record, that be is not entitled to a hearing (see People v. Richetti, 302 N. Y. 290).

Concur: Chief Judge Fuld and Judges Burke, Soileppi, Bergan, Keating, Breitel and Jasen.

Reference

Full Case Name: The People of the State of New York v. Augustine Bagley
Cited By: 2 cases
Status: Published