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PEOPLE v. CARPUS

2 A.D.2d 653 (1956)

The People of the State of New York, Respondent, v. Joseph Carpus, Appellant

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

May 25, 1956

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

Memorandum:

The record before us does not conclusively refute the allegations of the petition and we think the appellant should have been afforded a hearing (People v. Richetti, 302 N.Y. 290). The hearing should be had before a judge other than the sentencing judge. The sentencing judge may appear and testify...

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