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People v. Kapatos

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1958
5 A.D.2d 855 (N.Y. App. Div. 1958)

Opinion

March 4, 1958


Order unanimously reversed and the proceeding remanded for a hearing on said application. No opinion. The issues presented by the record before the lower court could not be decided upon the petition, reply and documentary evidence. The appellant was entitled to a hearing. "It is only when the record conclusively demonstrates the falsity of the allegations and there is no reasonable probability at all that defendant's averments are true that a hearing will be denied". ( People v. Guariglia, 303 N.Y. 338, 343.)

Concur — Rabin, J.P., Valente, McNally, Stevens and Bastow, JJ.


Summaries of

People v. Kapatos

Appellate Division of the Supreme Court of New York, First Department
Mar 4, 1958
5 A.D.2d 855 (N.Y. App. Div. 1958)
Case details for

People v. Kapatos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS KAPATOS…

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

Date published: Mar 4, 1958

Citations

5 A.D.2d 855 (N.Y. App. Div. 1958)