PEOPLE v. ALEX


279 A.D. 1069 (1952)

The People of the State of New York, Respondent, v. John Alex, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

May 21, 1952.


No affidavit whatever was submitted by the People, and on this record it cannot be said that defendant's sworn allegations are conclusively refuted by unambiguous documentary proof contra. Accordingly, whether defendant was advised of his rights and actually represented by counsel upon his plea of guilty and at the time of his sentence should be determined only after a hearing (People v. Richetti, 302 N.Y. 290, 296; People v. Samet...

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