People v. Hibbitt

22 A.D.2d 759 Court N.Y. App. Div. Decision date 1964-10-29 English

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Majority

p. 759

The People of the State of New York, Respondent, v. Sam E. Hibbitt, Appellant.

Order unanimously reversed and matter remitted to Erie Special Term for a hearing. Memorandum: The petition alleges facts which entitle the petitioner to a hearing. (Appeal from order of Erie Special Term denying, without a hearing, motion to vacate a judgment of conviction for robbery first degree, entered April 10, 1953.) Present—Bastow, J. P., Goldman, Henry, Noonan and Del Vecchio, JJ.