¶1— 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. Bichetti, 302 N. Y. 290, 296.) He was entitled to a hearing. (Appeal from order of Jefferson County Court denying, without a hearing, motion to vacate a judgment of conviction for burglary, third degree, rendered October 14, 1939.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.
20 A.D.2d 624
People v. Baker
Appellate Division of the Supreme Court of the State of New York
Decided December 12, 1963
Appellate Division of the Supreme Court of the State of New York · decided 1963-12-12
Relies on People v. Richetti
Good law ✅— No negative treatment on recordhow we know
Decided 1963-12-12
How this case has been cited
Cited by 5 later decisions — most recently August 1998
3 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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