People v. White

31 A.D.2d 779 Court N.Y. App. Div. Decision date 1969-01-09 English

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p. 779

The People of the State of New York, Respondent, v. B. C. White, Appellant.

Order unanimously affirmed. Memorandum: Although appellant’s petition lacks sufficient allegations of fact .to warrant a hearing thereon, he should foe given an opportunity, by amended petition, to set forth such facts, if they exist. (Appeal from order of Oneida County Court, denying motion for resentence, without a hearing.) Present—Bastow, P. J., Goldman, Marsh, Witmer and Henry, JJ.