Majority
p. 973The People of the State of New York, Respondent, v. Antonio Fuentes, Appellant. Submitted March 23, 30, 1970; decided April 15, 1970.
Motion for reargument denied without prejudice to defendant instituting a new proceeding, if he be so advised, specifically alleging facts upon which he would be entitled to a hearing under People v. Montgomery ( 24 N Y 2d 130 ). [See 26 N Y 2d 789 .]
Cases cited
- People v. Montgomery 24 N Y 2d 130 p. 973
- People v. Fuentes 26 N Y 2d 789 p. 973