PEOPLE v. McDONALD


15 A.D.2d 503 (1961)

The People of the State of New York, Respondent, v. William McDonald, Appellant

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

December 4, 1961


Order reversed, and matter remitted to the said County Court for a hearing of the issues and for a determination based upon the proof adduced at such hearing.

In our opinion, the facts relied on by the learned County Judge in denying the motion do not conclusively refute defendant's claims; hence, defendant is entitled to a trial of the issues raised (cf. People v. Richetti, 302 N.Y. 290

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