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People v. Rodriguez

30 A.D.2d 933 Court N.Y. App. Div. Decision date 1968-09-27 English

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p. 933
The People of the State of New York, Respondent, v. Ruben Rodriguez, Appellant.

Order unanimously reversed and matter remitted to Monroe County Court for a hearing. Memorandum: In view of the concession of the District Attorney that there should be a hearing, and in the light of the record before us, the order should be reversed and a hearing held. (Appeal from order of Monroe County Court denying, without a hearing, motion to vacate

p. 934
judgment rendered December 20, 1962 convicting defendant of manslaughter, first degree and assault, second degree.) Present—Williams, J. P., Goldman, Marsh, Witmer and Henry, JJ.