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PEOPLE v. CORNELIOUS

286 A.D. 991 (1955)

The People of the State of New York, Respondent, v. Elyette Cornelious, Appellant

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

September 30, 1955.

Order reversed and proceeding remitted to the Erie County Court for a hearing.

Memorandum:

Inasmuch as the records do not conclusively disclose appellant's allegations to be false, he should have been accorded a hearing, in which he could appear and assert his rights. (People v. Richetti, 302 N.Y. 290.) Such a hearing will also afford the opportunity to the Judge before whom appellant's plea was made, to appear and testify...

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