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People v. Baker

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 12, 1963
20 A.D.2d 624 (N.Y. App. Div. 1963)

Opinion

December 12, 1963

Appeal from the Jefferson County Court.

Present — Williams, P.J., Bastow, Goldman, McClusky and Henry, JJ.


Order unanimously reversed and matter remitted to Jefferson County Court for a hearing in accordance with the memorandum. Memorandum: The petition made out a prima facie showing of noncompliance with section 308 of the Code of Criminal Procedure which was "not conclusively refuted by unquestionable documentary proof contra". ( People v. Richetti, 302 N.Y. 290, 296.) He was entitled to a hearing.


Summaries of

People v. Baker

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 12, 1963
20 A.D.2d 624 (N.Y. App. Div. 1963)
Case details for

People v. Baker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH EARL BAKER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 12, 1963

Citations

20 A.D.2d 624 (N.Y. App. Div. 1963)