Majority
p. 874The People of the State of New York, Respondent, v. Robert James Northrop, Appellant.
The averments in the petition were sufficient to require a hearing. The contentions of the defendant were not conclusively refuted by “ unquestionable documentary proof ” (see People v. Drake, 20 A D 2d 826 , revd. 15 N Y 2d 626 ; People v. Stewart, 26 A D 2d 842 ; People v. Shaver, 26 A D 2d 735 ). Order reversed, and case remitted to the County Court of Otsego County for a hearing upon the allegations set forth in the petition. Gibson, P. J., Herlihy, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.
Cases cited
- People v. Drake 20 A D 2d 826 p. 874
- People v. Drake 15 N Y 2d 626 p. 874