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.