Opinion
Argued December 10, 1968
Decided January 8, 1969
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MITCHELL D. SCHWEITZER, J.
Julia P. Heit and Anthony F. Marra for appellant.
Burton B. Roberts, District Attorney ( Robert Cantor and Daniel J. Sullivan of counsel), for respondent.
Order reversed and matter remitted to the Supreme Court for a hearing. Appellant's allegations, although improbable, are neither so incredible as a matter of law, nor so clearly refuted by the record, that he is not entitled to a hearing (see People v. Richetti, 302 N.Y. 290).
Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING, BREITEL and JASEN.